Research Handbook on Fiduciary Law
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Research Handbook on Fiduciary Law

Edited by D. G. Smith and Andrew S. Gold

The Research Handbook on Fiduciary Law offers specially commissioned chapters written by leading scholars and covers a wide range of important topics in fiduciary law. Topical contributions discuss: various fiduciary relationships; the duty of loyalty and other fiduciary obligations; fiduciary remedies; the role of equity; the role of trust; international and comparative perspectives; and public fiduciary law. This Research Handbook will be of interest to readers concerned with both theory and practice, as it incorporates significant new insights and developments in the field.
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Chapter 3: Fiduciary relationships, fiduciary law, and trust

Matthew Harding

Abstract

Chapter 3 explores some lines of inquiry raised by the topic of fiduciary relationships, fiduciary law, and trust. I pursue three lines of inquiry about fiduciary relationships and fiduciary law, with reference to trust. First, I explore how trust might figure in our understanding of the law’s aims in relation to the formation of fiduciary relationships. Secondly, I consider to what extent trust is an essential or central incident of fiduciary relationships, as has so often been claimed. Thirdly, I set out some thoughts on whether trust plays a role – and, if so, what precisely that role might be – in the justification of the norms of fiduciary law. Throughout, my aim is to draw out the possible implications of my analysis for the design and operation of fiduciary law.

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