Fiduciaries often contract with others (e.g. agents, employees, directors, solicitors) for assistance in performing aspects of their undertakings to their beneficiaries. Those assistants may participate in the breaches of their fiduciary employers, or they may independently directly exploit the value of assets linked to the function of their employer. The liability principles that apply when that happens are not clearly understood. Specifically, not everyone understands that assistants engaged in serving particular beneficiaries for their employers are themselves accountable as fiduciaries directly to those beneficiaries. Professor Flannigan discusses the basis for that conclusion.

Presenter biography

Professor Flannigan teaches full-time at the University of Saskatchewan in Canada. He has a BSc and an LLB from the University of Alberta and an LLM and SJD from the University of Toronto. He has concentrated his scholarship on the law of business organization and law of fiduciary accountability.

About Australian Centre for Private Law Events

The mission of the ​Australian Centre for Private Law is to foster the development and understanding of the private law through advanced theoretical, doctrinal, empirical and historical research, and the dissemination of that research through education and professional outreach. By supporting the work of its Fellows, the ACPL seeks to promote research in all areas of private law and to establish itself as a research centre of national and international importance. The core initiatives of ACPL are:

Research: To advance a deeper understanding of the structure, principles and policies of the private law through advanced theoretical, comparative, and empirical analysis.

Education: To promote, facilitate and disseminate the results of that research for the benefit of Australia’s social and economic fabric.

Professional Outreach: To engage the judiciary and members of the legal profession in discussion about the values, goals and methods of private law and the respective roles of the judiciary, the legal profession and the academy in the interpretation and reform of private law.

The ACPL embraces all branches of private law, including the law of contract, torts, trusts, equity, property, unjust enrichment, including theoretical and jurisprudential dimensions and contextual applications thereof.


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