The Law of Loyalty

Lionel Smith, BSc (Toronto), LLB (Western Ontario), LLM (Cantab), DPhil, MA, DCL (Oxon), LLB (Montréal) is the Professor of Comparative Law at the University of Oxford and a fellow of Brasenose College. He previously taught at the University of Alberta (1991-2; 1994-96), Oxford University (1996-2000), McGill University (2000-2022) and the University of Cambridge (2022-24), where he was Downing Professor of the Laws of England and Director of the Cambridge Private Law Centre. At McGill, he was Director of the Paul-André Crépeau Centre for Private and Comparative Law and Sir William C Macdonald Professor. He is a Titular Member of the International Academy of Comparative Law and member of the American Law Institute, the European Law Institute, and the International Academy of Estate and Trust Law, and is a non-practising member of the Bar of Alberta.

If you have ever wondered about loyalty in both private and public law, or have wondered whether acting for others in a certain capacity has logic and unity, then this study is for you.

• PART I: INTRODUCTION Chapter 1. Foundations PART II: ACTING FOR OTHERS IN PRIVATE LAW Chapter 2. Introduction PART II.A: THE CORE CASES OF PRIVATE LAW ADMINISTRATION Chapter 3. Loyalty in the Exercise of Private Law Powers of Administration Chapter 4. Conflicts in Relation to Private Law Administration Chapter 5. Attribution: Costs, Profits, and Information Chapter 6. Other Obligations of Private Law Administrators PART II.B: THE WIDENING REACH OF ADMINISTRATION IN PRIVATE LAW Chapter 7. The Widening Reach of Administration in Private Law PART II.C: THE ENFORCEMENT AND SUPERVISION OF PRIVATE ADMINISTRATION Chapter 8. The Enforcement and Supervision of Private Administration PART III: ACTING FOR OTHERS IN PUBLIC LAW Chapter 9. Foundations of Public Law Administration Chapter 10. The Enforcement and Supervision of Public Law Administration Chapter 11. Spheres of Public Law Administration PART IV: CONCLUSION 12. Conclusion