Duties essay

Question 1

Order to address questions

Answer 1

1. Outline Boardman v Phipps
2. What is a fiduciary
3. What is their duty?
   - disclosure
   - Conflict
   - Status of info
4. Appropriate remedies

Question 2

6 cases to remember for essay

Answer 2

The rule: 
keech v Sandford
Regal v Gulliver
The remedy:
Lister v Stubbs
AG for HK v Reid
Sinclair v Versailles
Target v Redfern

Question 3

What is a fiduciary: 6 points

Answer 3

1. Henderson v Merritt - Fiduciary duties is a dangerous phrase
2. Millett - 3 circs give rise: 1. trust & confidence, 2. Influence, 3. Confidentiality
3. Finn - Not subject b/c but b/c of duties is F
4. Edelman - voluntary assumption
5. Commonwealth - F has power, can affect Bs interests, B is at mercy
6. Was Tom P a fiduciary

Question 4

What is a fiduciary duty - 3 sub categories

Answer 4

1. Disclosure
2. Conflict of interest
3. Nature of info

Question 5

Fiduciary duty - disclosure; 3 points

Answer 5

1. Name the 2 cases
2. If rule is strict what difference does it make
3. In BvP there was full disclosure

Question 6

Fiduciary duty - conflict of interest: 2 points

Answer 6

1. Langbein - sole interest or best interest of B
2. BvP judgments - Cohen - there was a potential conflict; Upjohn - there has to be a realistic prospect of conflict not just theoretical

Question 7

Fiduciary duty - status of information: 4 points

Answer 7

1. Cohen - whether it came from trust strict regal v gulliver approach
2. Upjohn - whether it’s confidential
3. Jones - to say solely from info offends legal and common sense
4. ALL - info is not property

Question 8

Remedies: 5 points

Answer 8

1. Jones - prophylactic - sensitivity - sledgehammer
2. Jones - Prop remedy shoudl be for unjust enrichment only
3. Millett - Rules should be different for commercial tradiional trusts
4. Should Boardman have been treated differently to Phipps. Shoudl Ts and Fs be treated differently
5. Upholds certainty but discourages good Ts - esp in light of nestle v nat west