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University of Technology Sydney

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Topic 7- Fiduciary Obligations
Page 1/19

Topic 7- Fiduciary Obligations

70517 - Equity and Trusts

19 Pages University of Technology Sydney Partial Study Notes Year Uploaded: 2018

A Introduction 2 B The Nature of Fiduciary Obligations 3 1. Who is a fiduciary? 3 2. What is the test for the existence of a fiduciary relationship? 4 3. Scope of the fiduciary relationship 5 C Proscriptive Duties – No conflict, No profit 6 1 General Principles 6 Benefits derived by fiduciary to the exclusion of another 8 2 Rule in Keech v Sandford (1726) 23 ER 223 10 D Presumed Relationships that carry Fiduciary Duties 11 E Fiduciary Relationships outside of the Presumed Relationships 14 E Fiduciary Relationships outside of the Presumed Relationships 16 F Defences 17 1 Fully informed consent 17 2 Ratification 18 3 Laches 19 4 Acquiescence 19 G Remedies 19 1. Injunction 19 2. Rescission 19 3. Account of Profits 19 4. Equitable Compensation 19 5. Equitable lien 19 6. Constructive Trust 19

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