Fiduciary Law
| Publication year | 2011 |
| Pages | 103 |
2011, July, Pg. 103. Fiduciary Law
July 2011
Vol. 40, No. 7 [Page 103]
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Fiduciary Law
by Tamar Frankel
287 pp.; $75
Oxford University Press, Inc., 2011
198 Madison Ave., New York,NY 10016
(800) 445-9714; www. oup.com
Reviewedby David A. Turner
David A. Turner is a shareholder in the Lakewood firm of Doussard Turner and Bowers, LLP, focusing on the administration of the estates of decedents and incapacitated persons, estate planning, and resolving adversarial issues in these matters through mediation, arbitration, and trial-turnlaw@aol.com.
For those who have marveled at Justice Benjamin Cardozo's oft-quoted phrase, "the punctilio of an honor the most sensitive" [Meinhard v. Salmon, 164 N.E. 545, 546 (N.Y. 1928)], Fiduciary Law,by Tamar Frankel, will provide an interesting, informative, thought-provoking, and often entertaining treatment of one of the law's most interesting and demanding relationships. As Frankel discusses, neither necessarily contractual, nor arising within the confines of tort, fiduciary relationships and the laws that regulate them belong in a legal category of their own.
The book examines the nature of fiduciary relationships, the features that all fiduciaries have in common, and under what circumstances fiduciary relationships arise with their attendant duties. Central to the creation of the relationship is the entrustment of property and/or power for the benefit of the "entrustor" (Frankel's term), who has little ability to closely supervise the appropriateness of the actions of the fiduciary.
Frankel discusses these characteristics in relationships that commonly are recognized as fiduciary-attorney...
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