The Dangerous Dichotomy: Abandoning the ‘Proscriptive’ and ‘Prescriptive’ Classification of Fiduciary Duties and the ‘Proscriptive Limitation’

The ‘proscriptive’ (negative) and ‘prescriptive’ (positive) dichotomy of fiduciary duties has attracted great contemporary interest, as the High Court has held that fiduciary duties are only proscriptive. The ‘dichotomy’ and ‘proscriptive limitation’ have been debated by scholars and judges. This ar... View More