Mastering the Faithless Servant? Reconciling Employment Law, Contract Law, and Fiduciary Duty

2011 ◽  
Author(s):  
Charles A. Sullivan
Keyword(s):  
Contract Law ◽  
Employment Law ◽  
Fiduciary Duty

scholarly journals Recent Judicial Developments of Interest to Energy Lawyers

2012 ◽  
Vol 50 (2) ◽  
pp. 437
Author(s):  
Caireen E Hanert ◽  
James R Maclean
Keyword(s):  
Environmental Law ◽  
Case Law ◽  
Contract Law ◽  
Employment Law ◽  
Conflict Of Laws ◽  
Aboriginal Law

This article provides an overview of recent judicial developments of interest to energy lawyers. The authors summarize and provide commentary on recent Canadian case law in the areas of Aboriginal law, leases, joint operating agreements, surface rights, environmental law, contract law, taxation, privilege, employment law, conflict of laws, and limitations law.

Fiduciary Law and Equity

2019 ◽  
pp. 743-762
Author(s):  
Henry E. Smith
Keyword(s):  
Contract Law ◽  
Higher Order ◽  
High Variability ◽  
Second Order ◽  
Fiduciary Duty ◽  
Private Law ◽  
Duty Of Loyalty ◽  
Fiduciary Relationships ◽  
The Relationship

This chapter explores the relationship between fiduciary law and equity, focusing on an idea that largely determines the place of fiduciary law in private law: that fiduciary law is equitable. In this regard, the term “equitable” implies that fiduciary law serves a characteristic equitable function, a function that solves problems of high variability and uncertainty through higher-order or metalaw. The prominent role played by second-order law in general and the equitable function in particular is what makes fiduciary law special among areas of private law. This chapter first identifies problems addressed by second-order law, and shows how the fiduciary relationships are equitably second order, especially for trustees, other categorical fiduciaries, and fact-specific fiduciaries. It then considers the duty of loyalty as a second-order duty equitably regulating the performance of primary duties and how fiduciary remedies for breach of fiduciary duty (for example, disgorgement) are equitably second order in a way that many prototypically private law remedies are not. Finally, it examines constructive trusts as a second-order aspect of fiduciary remedies and fiduciary law’s relation to contract law.

The Introduction of Duty into English Law and the Development of the Legal Subject

2020 ◽  
Vol 40 (1) ◽  
pp. 158-182
Author(s):  
Chris Dent
Keyword(s):  
Early Modern ◽  
Common Law ◽  
Employment Law ◽  
Fiduciary Duty ◽  
Duty Of Care ◽  
Additional Material ◽  
Legal Subject ◽  
The Law ◽  
Negligence Law ◽  
Do So

Abstract ‘Duty’ is a term that is used in several areas of the law—notably the ‘duty of care’ and ‘fiduciary duty’. This article considers the introduction of the term ‘duty’ itself to the law, before it became part of the compound terms. In order to do so, the article surveys a range of sub-disciplines, including trusts, negligence law, defamation and employment law, to identify the earliest uses of the term. To explore the potential motivations for its incorporation, additional material, such as early modern legal and, later, political treatises, is considered. The conclusion is that the introduction of the term, while reactionary, may still be seen in terms of the development of the legal subject in the English common law.

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