This chapter in the forthcoming Oxford Handbook of Fiduciary Law provides synthetic analysis of the law on fiduciary relationships, focusing on the identification of fiduciary relationships and fiduciary relationship formation and termination. The chapter discusses status- and fact-based methods of identifying fiduciary relationships, as well as analogical and definitional variants on these methods. The chapter concludes by highlighting the increasing convergence on powers-based definitions of the fiduciary relationship, and by explaining the merits of definitional reasoning.
Miller, Paul B, The Identification of Fiduciary Relationships (February 6, 2018). Evan J Criddle, Paul B Miller, and Robert H Sitkoff, eds, The Oxford Handbook of Fiduciary Law (New York: Oxford University Press, 2018).