The Identification of Fiduciary Relationships
Document Type
Book Chapter
Publication Date
2019
Abstract
This chapter provides synthetic analysis of the law on fiduciary relationships, focusing on the identification of fiduciary relationships and fiduciary relationship formation and termination. The chapter analyzes the significance of fiduciary relationships to fiduciary liability. It discusses status- and fact-based methods of identifying fiduciary relationships, as well as analogical and definitional variants on these methods. The chapter concludes by highlighting the increasing convergence on powers-based definitions of the fiduciary relationship, and by explaining the merits of definitional reasoning in judicial identification of fiduciary relationships.
Recommended Citation
Miller, Paul B., "The Identification of Fiduciary Relationships" (2019). Book Chapters. 6.
https://scholarship.law.nd.edu/book_chapters/6
Publication Information
in The Oxford Handbook of Fiduciary Law 366 (Evan J. Criddle, Paul B. Miller & Robert H. Sitkoff eds., 2019).
Available in Kresge Law Library
Reserve, Special
K795 .O94 2019 (Ask Circ Staff)