Fiduciary Duty "The courts are constantly being asked to characterise a defendant's actions or omissions as a breach of fiduciary duty, because the consequences of characterising them in this way are so desirable for the claimant, but they must resist the pressure is the fiduciary concept is to retain its function and meaning." Discuss : It is essential to first understand the meaning of a fiduciary duty, before its function and remit within the current legal system, can be understood. There is a distinction between law-based fiduciaries and fact-based fiduciaries. These categories are not closed and therefore, remain open for further clarification and expansion. law-based fiduciaries covers the traditional trustee-beneficiary paradigm, but this also includes PRs, solicitor and client, principal and agent, partners, directors and their companies, and management level employees. In contrast, fact-based fiduciary duties are imposed in appropriate circumstances, such as where the claimant is vulnerable and thereby relies reasonably on the defendant's loyalty. Clearly, the issue......

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