We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
When and How Is ‘Bad Faith’ Relevant?
from Part II - Personal Trust and Fiduciary Duties
Published online by Cambridge University Press: 13 March 2020
Acting in good faith is an elemental requirement in fulfiling duties where the rightholder has reposed trust or faith in the dutyower. Sometimes, these dutyowers are fiduciaries. From an ethical perspective an essential feature of the trust and agency relationships is that a principal is entitled to repose ‘trust’ in a trustee or agent – by ‘trust’ I mean the commonsense notion of trust, not the technical legal relationship of trustee and beneficiary. Even so, the practical relevance of the duty is typically misunderstood, in part because of common misunderstandings about the good faith duty’s relationship with fiduciary powers, trustworthiness, and good will. Acting in bad faith is a breach of faith or trust that has relevance to isolated pockets of trust and agency law. At an abstract and general level, where a trustee or agent acts in bad faith this allows the principal or the court to remove the trustee or agent, extinguishing his right to that role. The duty of good faith has nothing in particular to do with the exercise of fiduciary powers.
To save this book to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Find out more about the Kindle Personal Document Service.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.
