Question
In negligence and contract the parties are taken to be independent and equal actors, concerned primarily with their own self-interest. Consequently, the law seeks a
"In negligence and contract the parties are taken to be independent and equal actors, concerned primarily with their own self-interest. Consequently, the law seeks a balance between enforcing obligations by awarding compensation and preserving optimum freedom for those involved in the relationship ... The essence of the fiduciary relationship, by contrast, is that one party pledges himself to act in the best interest of the other ... The fiduciary relationship has trust, not self interest at its core, and when breach occurs, the balance favours the person wronged." Norberg v Wynrib[1992] 2 SCR 226. Discuss.
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