LAWS108 Lecture Notes - Lecture 4: Res Judicata, Fiduciary, Professional Negligence In English Law
10 May 2018
School
Course
Professor
LAWS108 Lecture
Week 4 – Fiduciary Duties & the Duty of Care
Breen v Williams (1996) 186 CLR 71
- The la of fiduia dut ests ot so uh o oalit o osiee as o the
acceptance of the implications of the biblical injunction that no man can serve two
masters. Duty and self-interest, like God and Mammon, make inconsistent calls on
the faithful. Equity solves the problem in a practical way by insisting that fiduciaries
gie udiided loalt to the pesos ho the see - Gaudron and McHugh JJ
Fiduciary relationship
- A duty of loyalty
- No conflict
- No profit
- Equity intervenes to enforce proscriptive duties
- A deadig leel of popiet of odut eeedig the totious stadad of ae
ad usuall also the stadads iposed otats - Gino Dal Pont
Maguire and Tansey v Makaronis [1997] HCA 23 (25 June 1997)
- Euit iteees … not so much to recoup a loss suffered by the plaintiff as to hold
the fiduia to, ad idiate, the high dut oed to the plaitiff … [t]hose i a
fiduciary position who enter into transactions with those to whom they owe
fiduciary duties labour under a heavy duty to show the righteousness of the
transactions
Clark Boyce v Mouat [1994] I AC 428
- The lassi ase of the [fiduia] dut aisig is hee a soliito ats fo a liet i
a matter in which he has a personal interest. In such a case there is an obligation on
the solicitor to disclose his interest and, if he fails to do so, the transaction, however
faouale it a e to the liet, a e set aside at his istae
Elements of the tort of negligence
- Duty of care
- An act or omission which could cause foreseeable harm
- The act or omission was the cause of the loss
Carradie Properties Liited DJ Freea & Co [1] Lloyd’s La Rcp PN
- A iepeieed liet ill eed ad e etitled to epet the soliito to take a
much broader view of the scope of his retainer and of his duties than will be the case
ith a epeieed liet
Midland Bank Trust Co Ltd v Hett Stubbs & Kemp [1979] Ch 384
- The stadad of ae euied of a soliito is that of a easoal opetet legal
patitioe ad ot that of a patiulal etiulous ad osietious
patitioe
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