LAWS108 Lecture Notes - Lecture 4: Fiduciary, Equitable Interest, Res Judicata
15 Mar 2020
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Fiduciary"s owe certain duties to their client: breen v williams (1996) 186 clr 71. The law of fiduciary duty rests not so much on morality or conscience as on the acceptance of the implications of the biblical injection that no man can serve two masters" . No conflict: clark boyce v mouat [1994] i ac 428. No profit: maguire and tansey v makaronis [1997] hca 23 (25 june 1997) A demanding level of propriety of conduct exceeding the tortious standard of care and usually also the standards imposed by contracts . Equitable interest that don"t need any form of loss to be actionable. A lawyer owes fiduciary duties as well as contractual duties. The care skill or diligence which would be expected of a reasonably competent legal practitioner working under similar circumstances. An act or omission which could cause foreseeable harm. The act or omission was the cause of the loss.
