Commercial Aspects of Trusts and Fiduciary Obligations

By Ewan McKendrick | Go to book overview

Index
act of state doctrine:
current state of 254
exceptions to 253-4
limitations on application of 200
meaning 196
scope of 196
administration:
agreement to divest property on 171
procedure 168
administrative receivership:
cost of 186
debenture holders, role of 174-5
procedure 168
rust assets, whether subject to transactions 175
administrator:
statutory duty of 186
agent:
commercial, monetary receipts 17-18
fair-dealing rule 37-9
lender, as 37-8
third party, of, as fiduciary 12-13
bankruptcy:
agreement to divest property on 170-1
assets, vesting 167-8, 172-3
property, meaning 172
purpose of 167
trust assets, treatment of 169
banks:
combination of accounts 175
fiduciary, as 11-12
set-off, rights of 175
shareholders, as 125
state-owned, moratorium 204
Bretton Woods Agreement:
effects of 201
business names:
international use 205-6
business structure:
fiduciary law, evolution of 20
multi-function, see multi-function business rules for 19
capital:
maintenance of 210
refuges for 217
trust, protection by 217
cash:
risk, at 204
charge:
trust by way of 179-80
Chinese Walls:
concept: developing of 50-1; use of 49
Core Rules, in 51
definition 49
effective segregation through 34-5
former-client conflicts, in 28
future use of 52
lawyers' firms, in 68
reliance on 53
same-matter conflicts, in 26
UK, appearance in 49
UK, legislation, reference in 44
client:
breach of fiduciary duty, consent to 22
knowledge imparted to 22
client information:
use of 22
co-operative contractual arrangements:
nature of relationship 15
commercial contracts:
contractual obligations, supplementing 16- 17
distributorship arrangement 14
fiduciary relationships: commercial agencies, monetary receipts of 17-18; contractors, of 14-16; existence of 13-14; negotiations, in 18-19
good faith, doctrine of 16
purpose of relationship 15
company:
action against director 129
client information, use of 22
conflicts, see conflicts of interest domicile 208-9
emigration, statute permitting 214
fiduciary law, relevance of 20-1
parallel 212-23
principal, expropriation or confiscation of 199
related, treatment of 34
shareholders being 78-80, 84
single person, as 21
split, principle of 199
twinned 212-23
Zeiss Foundation, nature of 199-200
confidential information:
lawful use of 33
parmers, imputed to 28-9

-291-

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