The Dangerous Dichotomy: Abandoning the ‘Proscriptive’ and ‘Prescriptive’ Classification of Fiduciary Duties and the ‘Proscriptive Limitation’
The ‘proscriptive’ (negative) and ‘prescriptive’ (positive) dichotomy of fiduciary duties has attracted great contemporary interest, as the High Court has held that fiduciary duties are only proscriptive. The ‘dichotomy’ and ‘proscriptive limitation’ have been debated by scholars and judges. This ar...
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| Format: | Article |
| Language: | English |
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Bond University
2018-01-01
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| Series: | Bond Law Review |
| Online Access: | https://doi.org/10.53300/001c.5664 |
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| author | Nicholas Saady |
| author_facet | Nicholas Saady |
| author_sort | Nicholas Saady |
| collection | DOAJ |
| description | The ‘proscriptive’ (negative) and ‘prescriptive’ (positive) dichotomy of fiduciary duties has attracted great contemporary interest, as the High Court has held that fiduciary duties are only proscriptive. The ‘dichotomy’ and ‘proscriptive limitation’ have been debated by scholars and judges. This article provides some perspective to the debate. It suggests that the proscriptive limitation is misleading because fiduciary duties are dynamic and unfixed, and because some fiduciary duties are positive. It also suggests that classifying duties within the dichotomy is unnecessary, overly complex, and potentially productive of error because it detracts from the proper focus of the fiduciary inquiry. |
| format | Article |
| id | doaj-art-5a1dab7d902c4370960bd33997dec6f3 |
| institution | DOAJ |
| issn | 1033-4505 2202-4824 |
| language | English |
| publishDate | 2018-01-01 |
| publisher | Bond University |
| record_format | Article |
| series | Bond Law Review |
| spelling | doaj-art-5a1dab7d902c4370960bd33997dec6f32025-08-20T02:50:40ZengBond UniversityBond Law Review1033-45052202-48242018-01-0130210.53300/001c.5664The Dangerous Dichotomy: Abandoning the ‘Proscriptive’ and ‘Prescriptive’ Classification of Fiduciary Duties and the ‘Proscriptive Limitation’Nicholas SaadyThe ‘proscriptive’ (negative) and ‘prescriptive’ (positive) dichotomy of fiduciary duties has attracted great contemporary interest, as the High Court has held that fiduciary duties are only proscriptive. The ‘dichotomy’ and ‘proscriptive limitation’ have been debated by scholars and judges. This article provides some perspective to the debate. It suggests that the proscriptive limitation is misleading because fiduciary duties are dynamic and unfixed, and because some fiduciary duties are positive. It also suggests that classifying duties within the dichotomy is unnecessary, overly complex, and potentially productive of error because it detracts from the proper focus of the fiduciary inquiry.https://doi.org/10.53300/001c.5664 |
| spellingShingle | Nicholas Saady The Dangerous Dichotomy: Abandoning the ‘Proscriptive’ and ‘Prescriptive’ Classification of Fiduciary Duties and the ‘Proscriptive Limitation’ Bond Law Review |
| title | The Dangerous Dichotomy: Abandoning the ‘Proscriptive’ and ‘Prescriptive’ Classification of Fiduciary Duties and the ‘Proscriptive Limitation’ |
| title_full | The Dangerous Dichotomy: Abandoning the ‘Proscriptive’ and ‘Prescriptive’ Classification of Fiduciary Duties and the ‘Proscriptive Limitation’ |
| title_fullStr | The Dangerous Dichotomy: Abandoning the ‘Proscriptive’ and ‘Prescriptive’ Classification of Fiduciary Duties and the ‘Proscriptive Limitation’ |
| title_full_unstemmed | The Dangerous Dichotomy: Abandoning the ‘Proscriptive’ and ‘Prescriptive’ Classification of Fiduciary Duties and the ‘Proscriptive Limitation’ |
| title_short | The Dangerous Dichotomy: Abandoning the ‘Proscriptive’ and ‘Prescriptive’ Classification of Fiduciary Duties and the ‘Proscriptive Limitation’ |
| title_sort | dangerous dichotomy abandoning the proscriptive and prescriptive classification of fiduciary duties and the proscriptive limitation |
| url | https://doi.org/10.53300/001c.5664 |
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