Fiduciaries, bribes and constructive trusts-a policy-based justification

被引:0
作者
Belshaw, Mark [1 ]
机构
[1] Essex Court Chambers, London WC2A 3EG, England
关键词
D O I
10.1093/tandt/ttz075
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
The Supreme Court in FHR European Ventures LLP v Cedar Capital Partners LLC [2015] AC 250 made clear that a fiduciary who breaches his fiduciary duties by receiving a bribe will hold that bribe on constructive trust for his principal. This article suggests that the law's response to a breach of fiduciary duty is focused on the wrong of breach, rather than on enforcing the fiduciary's primary duties. Viewed through this prism, a more thorough justification than that identified by the Supreme Court is necessary for imposing a constructive trust over a bribe. This article suggests that there is no principled reason for imposing a constructive trust, but that the justification is rooted in the policies underlying the entirety of the law of fiduciary duties-deterrence and prophylaxis.
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页码:835 / 840
页数:6
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