This paper explores different understandings of the interaction of private international law with the law of trusts, and particularly, the question whether a settlor should have complete freedom to choose the law governing her trust. If such freedom is granted, the settlor may not care whether...

This paper is about the limits of unjust enrichment. Unjust enrichment purports to be a legal category that is organized by its principle of liability; that is, a category of claims all of whose members respond to the same normative concerns and share the same normative justification. Much of...

It is generally agreed that fiduciary law is concerned with obligations that relate in some way to loyalty. The usual understanding is that there is something called a duty of loyalty. This paper explores the question whether there is a legal obligation of loyalty; and if so, what does it...

In 1944, the House of Lords held that outside of the field of charitable bequests, a testator cannot delegate the power to select who will benefit from his estate. This holding has never been called into question by English appellate courts, and has been followed in many Commonwealth...

Trust drafting practices have changed dramatically in recent decades. A range of considerations has led to an increase in the dispositive discretions held by trustees. In some cases, the trustees' dispositive discretions effectively govern the whole trust structure, leading to what the author...

In this paper I argue that something has gone wrong with the law of restitution for unjust enrichment. I aim to explain what I think has gone wrong, and to propose the beginning of a solution. I argue that scholars and courts have equivocated between seeing unjust enrichment as a cause of...

Norms prohibiting conflicts of interest apply in private fiduciary relationships and also to many public office holders. Whether or not such relationships are founded on trust, such norms can cultivate trust towards those holding governance authority, whether in interpersonal, civic or political...

Canadian law sometimes allows gain-based remedies for certain wrongful acts. There is a strong suggestion that gain-based remedies are available in the common law provinces for torts and perhaps breaches of contract, but the courts have been hesitant. Common law provinces have also been willing...

It has become an orthodoxy in some quarters that fiduciary duties are only proscriptive, forbidding certain actions, and never prescriptive, requiring positive action. I argue that this is a misunderstanding. The argument begins by attempting to explain how this orthodoxy arose, and then by...

The fiduciary's duty of loyalty has been subjected to a great deal of analysis. That analysis usually focuses on the distinctive proscriptive rules, which forbid the fiduciary from being in a conflict of interest and related situations. This paper argues that in order to understand what is truly...