Title: Resolving Conflicts of Duty in Fiduciary Relationships
Abstract: Introduction 76 I. Conflicts of Duty 80 A. The Problem 81 B. Approaches to Addressing Conflicts of Duty 86 1. Balancing the interests 86 2. Applying a property theory 89 3. Determining the actio libera in causa 91 4. Determining which interest was present first 94 5. Seeking the view of a neutral third party 96 II. Loyalty and Care 98 A. The Duty of Loyalty 99 1. The nature of the duty of loyalty 100 2. The duty of loyalty as a perfect duty 106 B. The Duty of Care 109 1. The nature of the duty of care 110 a. Positive duties 110 b. Open-ended duties 113 2. The duty of care as an imperfect duty 120 III. Resolving Conflicts of Duty 125 A. Attorneys and Clients 126
Publication Year: 2004
Publication Date: 2004-01-01
Language: en
Type: article
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Cited By Count: 16
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