PRV3 200 Lecture Notes - Lecture 19: Fiduciary, Total Institution, Clean Hands

• School: McGill University
• Department: Private Law 3
• Course: PRV3 200
• Professor: Mark Antaki

Document Summary

What makes (cid:494)crispness(cid:495): well defined rules that are easily applied to situations and to new situations, simple and easy to understand, shorter and clearer judgments. Waddams, dimensions of private law: and in fact when we get to fiduciary obligations, they feel even longer - lots of repetition. Agreed upon vocabulary: more unanimous judgments (less dissents, maybe a code with the rules in it. Even in equity how we understand equity will determine how we work with common law. You see some efforts from the judges to reach towards more certainty, for fiduciary relationships for example: 1. Fiduciary duty/obligation: duty of confidentiality, duty to avoid conflicts of interest, duty of care, contractual duties (to uphold your agreement) exercise the duty, the duty to act personally (you cannot delegate the duty you must. Self-denial (worthington stresses this the importance of a self-denial: duty to act with loyalty, discretionary power, relinquishment of self-interest = so you are undertaking to solely, 3.