Fiduciary Duties:

Abstract

1. The application of the equitable doctrines to the area of fiduciary duties is difficult, and some of the text books and even judgments serve to confuse the matter rather than clarify. This paper attempts to set out the essential aspects of the law affecting fiduciaries in a clear manner. The paper attempts to put particular focus on aspects of this area of equity that often arise for consideration in a commercial context, such as the test for the imposition of a fiduciary duty outside of the traditionally recognised categories, an analysis of causation and remedies. Some attention is also given to the difficult area of causation.