Fiduciary Contract in UK Law
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Whither Remoteness? Wellesley Partners LLP v Withers LLP
In Wellesley v Withers, the Court of Appeal held that where a defendant is concurrently liable in tort and contract, the contractual rules for the remoteness of loss must apply. Two principal reaso...... ... held that where a defendant is concurrently liable in tort and contract, the contractual rules for the remoteness of loss must apply. T wo ... ...
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Assignment of individual investors' claims to the Investors Compensation Scheme declared invalid (1) Investors Compensation Scheme Ltd v West Bromwich Building Society; (2) Same v Hopkin & Sons; (3) Alford & Ors v West Bromwich Building Society; (4) Armitage v West Bromwich Building Society
This case concerned the validity of assignments to the Investors Compensation Scheme (ICS) of the claims of various individual investors which arose out of the widespread mis‐selling of home income...... ... (FIMBRA members), claims against them for negligence, breach of contract, fiduciary and statutory duty were to an extent covered by the s.54A ... ...
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Equitable Compensation for Breach of Fiduciary Duty in Scotland: Kidd v Paull & Williamsons LLP
... ... He claimed that PW LLP were guilty of breach of contract, negligence, breach of fiduciary duty and fraudulent misrepresentation.12 ... Regarding the breach of contract and negligence claims, RGK averred ... ...
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Can mere incompetence constitute a breach of fiduciary duty?
... ... Rather, it is suggested by Mothews that such incompetence may be covered under the law of tort, the law of contract, or under the general duty of care ... In the case of Paragon Finance plc v D B Thakerar & Co,11a firm of mortgage lenders brought an action ... ...
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RE-EXAMINING CONTRACT AND UNJUST ENRICHMENT: ANGLO-CANADIAN PERSPECTIVES. Ed by Paula Giliker Leiden/Boston: Martinus Nijhoff Publishers (www.brill.nl), 2007. xxx + 341 pp. ISBN 9789004155633. €133.
... ... Leonard Rotman examines the different functions of fiduciary relationships, contract and unjust enrichment, and Cliona Kelly the value of the Canadian experience for the drafting of an Irish Frustrated ... ...
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PHILOSOPHICAL FOUNDATIONS OF FIDUCIARY LAW. Eds Andrew S Gold and Paul B Miller
Oxford: Oxford University Press (www.oup.com), 2014. xii + 436 pp. ISBN: 9780198701729. £75.00
... ... inherent content to the duty of loyalty, are misconceived or at least incomplete; rather, fiduciary duties exist separately from the law of contract, albeit that they can have a variable content based upon specific circumstances, including any contractual background. Brooks explains that the ... ...
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Pensions Auto-Enrolment: Unintended Consequences of Regulation and Private Law Remedies
... ... If fiduciary, agency, contractual or delictual obligations arise from the AE ... agent) to the employee, and the extent of duties owed under the contract of employment ... FIDUCIARY DUTIES IN THE CONTEXT OF THE EMPLOYMENT ... ...
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The Employment Relationship and Fiduciary Obligations
... INTRODUCTION ... One of the current controversies concerning the law of the employment contract is whether the contract gives rise to a fiduciary relationship and, to the extent that it does not, whether it should. 1 1 See L Clarke, “Mutual ... ...
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Does the Fiduciary Bell Toll?
The Law Commission has recently examined fiduciary relations and securities regulation. The purpose of this paper is a re‐examination of some of the questions posed in the Consultation Paper (No. 1...... ... How might these conflicting fiduciary duties be managed? The first possible method is by implying a trade custom into a contract to modify the duties owed. A trade custom must be (i) certain, (ii) notorious, (iii) uniform and settled, (iv) considered by both parties to be ... ...
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Credit Advisers, Consumer Credit and Equitable Fiduciary Obligations
Consumers use financial intermediaries such as brokers and other credit advisers to navigate complex financial markets and to provide guidance on credit products. In 2017 ASIC reported that ‘[b]rok...... ... ‘creditassistance’,37to the extent that advice about advice is not a ‘suggest[ion] ... that the consumerapply for a particular credit contract with a particular credit provider’,38such advice is unregulatedby the Credit Regime. Similarly, in relation to substantive advice, we argue that ... ...
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