Abstract: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 article provides some perspective to the debate. It suggests that the proscriptive limitation is misleading because fiduciary duties are dynamic and unfixed, and because some fiduciary duties are positive. It also sug… Show more
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