Contract, confidence and the fiduciary relationship

Aitken, Lee (2013) Contract, confidence and the fiduciary relationship. Australian Law Journal, 87 6: 425-432.

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Name Description MIMEType Size Downloads
Author Aitken, Lee
Title Contract, confidence and the fiduciary relationship
Journal name Australian Law Journal   Check publisher's open access policy
ISSN 0004-9611
Publication date 2013
Year available 2013
Sub-type Article (original research)
Open Access Status
Volume 87
Issue 6
Start page 425
End page 432
Total pages 8
Editor Justice P. W Young. AO
Place of publication Rozelle, NSW, Australia
Publisher Lawbook Co.
Collection year 2014
Language eng
Subject C1
180105 Commercial and Contract Law
Abstract party relying on a detailed contract will often seek further to support its case by attempting to impose some fiduciary obligation on the counterparty. The courts for sound practical, and theoretical reasons, resist this attempt. What are the parameters for such an imposition, particularly where the fiduciary obligation is said to arise from the contractual relationship’s "particular" facts, rather than some pre-existing fiduciary category? Similarly, when does a duty of confidence arise ²from the circumstances² rather than an employer-employee, or other category? What happens if that duty is inadvertently breached? May the recipient, say, of mistakenly disclosed confidential documents, use them? All these controversial topics have been examined in recent high authority, discussed in this article.
Q-Index Code C1
Q-Index Status Confirmed Code
Institutional Status Non-UQ

Document type: Journal Article
Sub-type: Article (original research)
Collections: Non HERDC
TC Beirne School of Law Publications
 
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Created: Mon, 24 Feb 2014, 13:32:50 EST by Carmen Buttery on behalf of T.C. Beirne School of Law