Commercial relationships and the burgeoning fiduciary principle

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Author(s)
White, Steven
Griffith University Author(s)
Year published
2000
Metadata
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Judges in Australia, Canada and New Zealand have historically been reluctant to apply the exacting standards of fiduciary law to commercial relationships. More recently, courts in Canada and New Zealand have shown a greater willingness to impose such standards on commercial actors. The availability of alternative doctrines of redress in Australia, such as unconscionability, has resulted in a more cautious approach to the application of fiduciary principles in commercial settings in this country. The expansive application of fiduciary principles to commercial relationships in Canada and New Zealand, together with the development ...
View more >Judges in Australia, Canada and New Zealand have historically been reluctant to apply the exacting standards of fiduciary law to commercial relationships. More recently, courts in Canada and New Zealand have shown a greater willingness to impose such standards on commercial actors. The availability of alternative doctrines of redress in Australia, such as unconscionability, has resulted in a more cautious approach to the application of fiduciary principles in commercial settings in this country. The expansive application of fiduciary principles to commercial relationships in Canada and New Zealand, together with the development of doctrines such as unconscionability in Australia, reflects a common judicial concern for higher standards of conduct in commercial dealings.
View less >
View more >Judges in Australia, Canada and New Zealand have historically been reluctant to apply the exacting standards of fiduciary law to commercial relationships. More recently, courts in Canada and New Zealand have shown a greater willingness to impose such standards on commercial actors. The availability of alternative doctrines of redress in Australia, such as unconscionability, has resulted in a more cautious approach to the application of fiduciary principles in commercial settings in this country. The expansive application of fiduciary principles to commercial relationships in Canada and New Zealand, together with the development of doctrines such as unconscionability in Australia, reflects a common judicial concern for higher standards of conduct in commercial dealings.
View less >
Journal Title
Griffith Law Review
Volume
94
Publisher URI
www.griffith.edu.au
Copyright Statement
© 2000 Griffith Law School. The attached file is reproduced here in accordance with the copyright policy of the publisher. Please refer to the journal's website for access to the definitive, published version.
Subject
Law