Podcast
Questions and Answers
According to James LJ, why is the Court not entitled to receive evidence about whether the principal suffered an injury?
According to James LJ, why is the Court not entitled to receive evidence about whether the principal suffered an injury?
- To ensure justice for the principal
- To make the legal process more complex
- To favor principals over agents
- To protect agents from facing dangerous inquiries (correct)
What is the suggested way to relax the fiduciary rule in Murad v Al-Saraj?
What is the suggested way to relax the fiduciary rule in Murad v Al-Saraj?
- Shift the burden of proof onto the principal
- Allow the fiduciary to prove the conflict of interest did not harm the principal (correct)
- Increase evidentiary complexity for fiduciaries
- Impose stricter penalties on fiduciaries
According to Arden LJ, what effect would shifting the burden of proof to fiduciaries have?
According to Arden LJ, what effect would shifting the burden of proof to fiduciaries have?
- Serve as a sufficient deterrence (correct)
- Lead to unjust outcomes
- Increase fiduciary responsibilities
- Decrease evidential complexity
What is a common scenario where a constructive trust may arise?
What is a common scenario where a constructive trust may arise?
In what circumstances do fiduciary duties arise according to James Edelman?
In what circumstances do fiduciary duties arise according to James Edelman?
What is emphasized by Edelman as crucial in determining when fiduciary duties arise?
What is emphasized by Edelman as crucial in determining when fiduciary duties arise?
Why is the Self-Dealing Rule significant for trustees?
Why is the Self-Dealing Rule significant for trustees?
What is the key exception to the Self-Dealing Rule as explained in the text?
What is the key exception to the Self-Dealing Rule as explained in the text?
What is the Fair Dealing Rule, as described in the text?
What is the Fair Dealing Rule, as described in the text?
Why do innocent purchasers take good title before a voidable transaction is voided?
Why do innocent purchasers take good title before a voidable transaction is voided?
What are the reasons for the strict liability imposed by the Self-Dealing Rule?
What are the reasons for the strict liability imposed by the Self-Dealing Rule?
According to Lionel Smith, why may the goal of deterrence not be considered worthy for private law?
According to Lionel Smith, why may the goal of deterrence not be considered worthy for private law?
