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Harding, Matthew --- "Fiduciary relationships, fiduciary law, and trust" [2018] ELECD 289; in Smith, G. D.; Gold, S. Andrew (eds), "Research Handbook on Fiduciary Law" (Edward Elgar Publishing, 2018) 58

Book Title: Research Handbook on Fiduciary Law

Editor(s): Smith, G. D.; Gold, S. Andrew

Publisher: Edward Elgar Publishing

ISBN: 9781784714826

Section: Chapter 3

Section Title: Fiduciary relationships, fiduciary law, and trust

Author(s): Harding, Matthew

Number of pages: 18

Abstract/Description:

Chapter 3 explores some lines of inquiry raised by the topic of fiduciary relationships, fiduciary law, and trust. I pursue three lines of inquiry about fiduciary relationships and fiduciary law, with reference to trust. First, I explore how trust might figure in our understanding of the law’s aims in relation to the formation of fiduciary relationships. Secondly, I consider to what extent trust is an essential or central incident of fiduciary relationships, as has so often been claimed. Thirdly, I set out some thoughts on whether trust plays a role – and, if so, what precisely that role might be – in the justification of the norms of fiduciary law. Throughout, my aim is to draw out the possible implications of my analysis for the design and operation of fiduciary law.