Question
In Bray v Ford , [1896] AC 44 at 51 (HL), Lord Herschell made the following comment: It is an inflexible rule of the court
InBray v Ford, [1896] AC 44 at 51 (HL), Lord Herschell made the following comment:
It is an inflexible rule of the court of equity that a person in a fiduciary position ... is not, unless otherwise expressly provided, entitled to make a profit; he is not allowed to put himself in a position where his interests and duty conflict. ... [T]here is a danger, in such circumstances, of the person holding a fiduciary position being swayed by interest rather than by duty, and thus prejudicing those who he was bound to protect. It has, therefore, been deemed expedient to lay down this positive rule.
How is Lord Herschell's perspective on fiduciary duty reflected in contemporary corporate governance? In your answer, include references to materials from class readings, slides, and discussions.
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