Commercial Equity
Fiduciary Relationships
By: John Glover
Textbook for students taking Equity and Commercial Law subjects as part of the LLB course. Fiduciary relationships are relationships of trust and good faith which exist between parties such as business partners, company directors and the company, or employer and employee. Content covers existence of a fiduciary relationship, scope of the relationship, breach of fiduciary duty and remedies against fiduciaries and third parties. Includes table of cases, table of statutes and an index. The author is senior lecturer in law at Monash University.
AI Overview
The book "Commercial Equity: Fiduciary Relationships" by John Glover is a comprehensive guide to the intricacies of modern fiduciary law, focusing on commercial equity. Here is a detailed overview of the book, including its key themes, plot summary, and critical reception:
Key Themes
Fiduciary Relationships:
- The book explores three primary subjects: fiduciary relationships of trust and confidence, fiduciary relationships of undue influence, and fiduciary relationships and confidential information.
Jurisdictional Perspectives:
- Although the book is written from an Australian perspective, it draws heavily from authorities in other jurisdictions, including the United Kingdom, United States, New Zealand, and Canada. This approach is particularly useful for practitioners in the United Kingdom, as it provides a broad understanding of the subject matter.
Equitable Principles and Statute Interaction:
- The book delves into the interaction between statutory provisions and equitable principles. It discusses how these interactions are crucial in commercial law, particularly in the context of fiduciary relationships.
Plot Summary
The book is structured around the three main topics of fiduciary relationships. It provides a detailed analysis of each subject, including the principles of trust and confidence, undue influence, and confidential information. The author aims to clarify the discrete application of each rule and the areas of overlap between these concepts.
Critical Reception
Positive Reception:
- The book is praised for its comprehensive coverage of fiduciary law. It is described as an excellent guide for commercial lawyers, particularly those dealing with the intricacies of modem fiduciary law.
- The book's ability to weave relevant Corporations Act provisions into the discussion of fiduciary doctrine and remedies is noted as a significant strength.
Critical Points:
- Some reviewers have noted that the book sometimes assumes that divergent authorities from different jurisdictions can or should be reconciled. This approach can lead to confusion, especially when dealing with specific legal frameworks like the remedial constructive trust.
- The chapter on confidential information is criticized for skimming the surface of a large and complex subject. This criticism suggests that the book could delve deeper into this area to provide a more comprehensive understanding.
Overall Assessment:
- Despite some minor criticisms, the book is widely regarded as a valuable resource for practitioners and scholars in the field of commercial equity and fiduciary relationships. Its broad jurisdictional perspective and detailed analysis make it particularly useful for those navigating the complexities of modern fiduciary law.
In summary, "Commercial Equity: Fiduciary Relationships" by John Glover is a seminal work in the field of commercial law, offering a comprehensive and nuanced exploration of fiduciary relationships. While it has some minor flaws, the book is highly regarded for its clarity and depth, making it an essential read for those specializing in this area of law.