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Politics : View from the Center and Left

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To: mph who wrote (13436)	2/27/2006 4:29:52 PM
From: wonk	Read Replies (1) of 541582

But here you seem to say that the hospital has a duty to promote breast feeding: IMO, its quite clear that they have a duty, well-established under common law. We typically think of the term “fiduciary responsibility” or “fiduciary duty” as solely within the concept of economics, but it is in no way limited to that. …. A fiduciary is expected to be extremely loyal to the person they owe the duty (the "principal"): they must not put their personal interests before the duty, and must not profit from their position as a fiduciary, unless the principal consents. The fiduciary relationship is highlighted by good faith, loyalty and trust, and the word itself originally comes from the Latin fides, meaning faith, and fiducia. When a fiduciary duty is imposed, equity requires a stricter standard of behaviour than the comparable tortious duty of care at common law… In other words, caveat emptor (let the buyer beware) does not apply. It is not good enough to say, the principal was informed. There is a higher standard of care. …Relationships which routinely attract a fiduciary duty are: * Trustee/beneficiary: Keech v Sandford[8] * Director/company: Woolworths Ltd v Kelly[9] * Lawyer/client: Sims v Craig Bell & Bond[10] * Partner/partner: Fraser Edmiston Pty Ltd v AGT (Qld) Pty Ltd;[11] Chan v Zacharia[12] * Agent/principle: McKenzie v McDonald[13] * Stockbroker/client: Hodgkinson v Simms[14] * Senior employee/company: Green & Clara Pty Ltd v Bestobell Industries Pty Ltd[15] * Doctor/Patient: Breen v Williams[16] * Parent/Child: Paramasivam v Flynn [17] en.wikipedia.org ww

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