LAWS 2601 Study Guide - Final Guide: Harvard Step Test, Fiduciary, Fundamental Breach

• School: Carleton University
• Department: Law
• Course: LAWS 2601
• Professor: Gilles Le Vasseur

Document Summary

Fiduciary obligations equitable jurisdiction, focuses on remedies for situations ill- covered by traditional legal principles. Equity & reliance: equity as expressed by a variety of legal considerations (unjust enrichment, breach of fiduciary obligation, inequality of bargaining power, focused on avoiding outcomes described in terms of unconscionability, inequitability, and fraudulence. Intertwined with the notion of a reliance, induced by action or inaction, either expressly supported or acquiesced to. Overview: part of equity law, fluid neither completely distinct, nor embedded in any of the adjacent concepts of tort, contract, or unjust enrichment. Captured by notions of trust, reliance and loyalty either intrinsic to certain types of relationships, or arising in specific circumstances. Considerations of possible fiduciary duties and their breaches can touch on a wide range of elements including: reliance, property rights, contractual obligations, civil wrongs, unjust enrichment, and broader questions of public policy. Among them are the factors of: a position or office held, the nature of the corporate opportunity;