Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Saturday, July 16, 2016

Article on Fiduciary Loyalty

Loyal fiduciaryPaul B. Miller recently published an Article entitled, Dimensions of Fiduciary Loyalty, D. Gordon Smith & Andrew S. Gold, eds., Research Handbook on Fiduciary Law (Forthcoming 2016). Provided below is an abstract of the Article:

This essay discusses the concept of loyalty in fiduciary law. It contrasts fiduciary loyalty with moral conceptions of loyalty, and argues that the distinctiveness of fiduciary loyalty is best appreciated in light of characteristic features of fiduciary relationships. The essay establishes the distinctiveness of fiduciary loyalty by examining: (a) the objects of loyalty in fiduciary relationships; (b) the standards of loyalty that constrain the behavior of fiduciaries in fiduciary relationships; and (c) the functions served by the fiduciary duty of loyalty.


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