Thursday, December 10, 2015

Ernest Lim on Contracting Out of Fiduciary Duties (CLWR)

"Contracting out fiduciary duties"
Ernest Lim
Common Law World Review
Dec 2015, Vol. 44(4), pp. 276-297
Abstract: A significant implication arising out of an increasingly influential view that fiduciary duties are terms expressed or implied into voluntary undertakings is that all express or implied fiduciary duties can be excluded. This article critiques this implication by advancing the argument that this implication is doctrinally unjustified and normatively questionable through an analysis of the circumstances in which directors’ fiduciary duties have been contracted out under English law.

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