NDLI: Fiduciary Principles in Agency Law

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Fiduciary Principles in Agency Law

Content Provider	Scilit
Author	DeMott, Deborah
Copyright Year	2018
Description	Journal: SSRN Electronic Journal This Chapter, written for the forthcoming Oxford Handbook of Fiduciary Law, identifies the fiduciary principles that are integral to agency relationships as defined by the common law and explores their implications. In contrast to relationships in which a fact-specific assessment of a relationship and its circumstances triggers the application of fiduciary duties, agency relationships are categorically treated as fiduciary. When a relationship of common-law agency links two persons, one person's actions can directly carry legal significance for the other. Agency doctrine defines and imposes formal structure on consensual relationships in which one actor has legally-consequential power to represent the other, encompassing externally-oriented consequences for the principal, the agent, and third parties, as well as internally-oriented rights and duties between agent and principal. An agent functions, not as a substitute for the principal, but as an extension of the principal's legal personality in dealings with third parties and other externally-oriented conduct within the scope of the agency relationship, including knowledge of facts acquired by the agent when material to the agent's duties. The potentially grave impact for the principal, plus the implications for personal autonomy when one person represents another, underlie the requisites that define an agency relationship, including its fiduciary character.
Related Links	https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=6478&context=faculty_scholarship https://papers.ssrn.com/sol3/Delivery.cfm?abstractid=3124325
ISSN	10914358
e-ISSN	15565068
DOI	10.2139/ssrn.3124325
Journal	SSRN Electronic Journal
Language	English
Publisher	Elsevier BV
Publisher Date	2018-02-15
Access Restriction	Open
Subject Keyword	Journal: SSRN Electronic Journal Applied Ethics Agency Law Fiduciary Relationships Fiduciary Duties,
Content Type	Text
Resource Type	Article
Subject	Public Health, Environmental and Occupational Health Psychiatry and Mental Health

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