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The Law of Loyalty

The Law of Loyalty

Author: Lionel Smith
Publisher: Oxford University Press
ISBN: 9780197664582
Published In: November 2023
Format: Hardback , 504 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

Provides a comprehensive look at the law of loyalty
Focuses on both public law and private law manifestations of loyalty, in both common law and civil law

This monograph elucidates common legal principles underlying the use of juridical powers. It addresses both public law and private law, and examines both the common law and the civil law. It aims to provide a theory of how Western law regulates the situations in which we hold legal powers, not for ourselves, but for and on behalf of others.

It does this by elucidating the justificatory principles that are attracted in those situations. These principles include that other-regarding powers can only properly be used for the purposes for which they were granted; that they should not be used when the holder is in a conflict of self-interest and duty, or a conflict of duty and duty; and that the holder is presumptively accountable for any profits extracted from the other-regarding role.

These principles stand behind the detailed legal rules that govern these relationships in multiple legal systems and in multiple public and private settings. In private law this includes the powers of trustees, corporate directors, agents and mandataries; in public law it includes all powers held for public purposes, whether they be held by the Prime Minister, by a police officer, or by a judge.

Part I: Introduction
Chapter 1: Foundations
Part II: Acting for others in private law
Chapter 2: Introduction
Part II.A The core cases of private law administration
Chapter 3: Loyalty in the exercise of private law powers of administration
Chapter 4: Conflicts in relation to private law administration
Chapter 5: Attribution: Costs, Profits and Information
Chapter 6: Other obligations of private law administrators
Part II.B: The widening reach of administration in private law
Chapter 7: The widening reach of administration in private law
Chapter 8: The enforcement and supervision of private administration
Chapter 9: Foundations of public law administration
Chapter 10: Supervision and enforcement of public law administration
Chapter 11: Spheres of public law administration
Part IV: Conclusion
Chapter 12: Conclusion