This course takes a broad look at fiduciaries and their rights and obligations in English private law, taking in agents, trustees, personal representatives, partners and company directors. In doing so the course will review the extent to which general rules need to be modified or anchored in a particular context in order to provide a balanced and workable framework for those engaged in commercial activity or providing professional services.
The lectures will provide appropriate context to the different categories of fiduciary, addressing where needed such matters as the creation of the relationship and substitution of parties. In particular the rules on administration of trusts, such as the appointment and removal of trustees, their powers and duties, and the consequences of a breach of trust will be given detailed treatment.
Students taking this module may also benefit from taking the module ‘Trust Law’ in parallel (but each module can be studied independently of the other).