Defining the concept "Fiduciary Duty" in the South African law of trusts

Abstract

An aspect of the South African law of trusts which has, despite the abovementioned evolution of South African trust law, not been clarified, is the ambit of a trustee's fiduciary duty. This, however, is not only the position in South Africa, but Scotland and, until recently, England as well. It is opined that the "fiduciary obligation" is a concept in search of a principle. Thus, the aim of the present research was to define this concept in terms of the South African trust law context.