Private Law Theory

ABSTRACT
In Tan Teck Kee v Ratan Kumar Rai, the Singapore Court of Appeal had occasion to decide whether, and when, a director of a company may owe concurrent fiduciary duties both to a third-party and to his principal company. Furthermore, the apex court took the chance to consider when an ad hoc fiduciary relationship could arise. This note critically examines the Court’s analysis, and discusses the approaches adopted by the courts in other common law jurisdictions. It concludes that, overall, the decision of the Court of Appeal is to be welcomed.

Tan, Weiming, Directors, Concurrent Fiduciary Duties, and Ad Hoc Fiduciary Relationships (February 27, 2024), Conveyancer and Property Lawyer, Forthcoming.