Topic
Principal (commercial law)
About: Principal (commercial law) is a research topic. Over the lifetime, 1579 publications have been published within this topic receiving 35379 citations. The topic is also known as: Principal (commercial law).
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01 Jan 1995
TL;DR: A conference on commercial law in the Middle East, which was jointly organized by the School of Oriental and African Studies, and the Institute of Advanced Legal Studies in London, was held in 2011 as discussed by the authors.
Abstract: This text documents a conference on commercial law in the Middle East, which was jointly organized by the School of Oriental and African Studies, and the Institute of Advanced Legal Studies in London. It was an occasion which brought together contributors from the principal countries in the Middle East as well as United Kingdom lawyers. The conference provided an opportunity to compare how different Islamic legal systems were learning to accommodate the demands of contemporary commerce with Islamic traditions. This collection of papers aims to provide a multi-faceted insight into commercial law and practice in the Middle East.
16 citations
TL;DR: In this article, the author argues that the fiduciary relationship is a distinctive kind of legal relationship in which one person (the fiducer) exercises power over practical interests of another (the beneficiary). Fiduciary power is a form of authority derived from the legal capacity of the beneficiary or a benefactor.
Abstract: Fiduciary duties are critical to the integrity of a remarkable variety of relationships, including those between trustee and beneficiary, director and corporation, agent and principal, lawyer and client, doctor and patient, parent and child, and guardian and ward. Notwithstanding their variety, all fiduciary relationships are presumed to enjoy common characteristics and to attract a core set of demanding legal duties, most notably a duty of loyalty. Surprisingly, however, the justification for fiduciary duties is an enigma in private law theory. It is unclear what makes a relationship fiduciary and why fiduciary relationships attract fiduciary duties. This article takes up the enigma. It assesses leading reductivist and instrumentalist analyses of the justification for fiduciary duties. Finding them wanting, it offers an alternative account of the juridical justification for fiduciary duties. The author contends that the fiduciary relationship is a distinctive kind of legal relationship in which one person (the fiduciary) exercises power over practical interests of another (the beneficiary). Fiduciary power is a form of authority derived from the legal capacity of the beneficiary or a benefactor. The duty of loyalty is justified on the basis that it secures the exclusivity of the beneficiary’s claim over fiduciary power so understood.
16 citations
TL;DR: In the last quarter-century, the Supreme Court has legitimated the executive's power of interpretation, above all in Chevron v. Natural Resources Defense Council, the most cited case in modern public law as mentioned in this paper.
Abstract: Under Marbury v. Madison, it is “emphatically the province and duty of the judicial department to say what the law is.” But as a matter of actual practice, judgments about “what the law is” are often made by the executive department, not the judiciary. In the last quarter-century, the Supreme Court has legitimated the executive’s power of interpretation, above all in Chevron v. Natural Resources Defense Council, the mostcited case in modern public law. Chevron reflects a salutary appreciation of the fact that the executive, with its comparative expertise and accountability, is in the best position to make the judgments of policy and principle on which resolution of statutory ambiguities often depends. But the theory that underlies Chevron remains poorly understood, and in the last two decades, significant efforts have been made to limit the executive’s interpretive authority. In general, these efforts should be resisted. The principal qualification involves certain sensitive issues, most importantly those involving constitutional rights. When such matters are involved, Congress should be required to speak unambiguously; executive interpretation of statutory ambiguities is not sufficient.
16 citations
TL;DR: Using agency and stewardship theories, the authors investigates conditions that affect the impact of performance management in the ministerial steering of agencies, and concludes that performance management can affect the overall performance of agencies.
Abstract: Using agency and stewardship theories, this article investigates conditions that affect the impact of performance management in the ministerial steering of agencies. Agency theory assumes that agen...
16 citations
Book•
01 Jan 1967
TL;DR: The principal concern of the law of torts is to repair accident losses, but its role has altered over the years as a result of such factors as the wider use of private and liability insurance.
Abstract: The principal concern of the law of torts is to repair accident losses. but its role has altered over the years as a result of such factors as the wider use of private and liability insurance. This completely revised and updated edition looks at the effect of these changes on the law, and an entirely new chapter compares tort with no-fault compensation in the light of accepted accident compensation policies.
16 citations