1. Galoob and Leib, above n 30, and J Edelman 'The Importance of the Fiduciary Undertaking;L R Lsr;Conaglen, above n 30, and Conaglen, above n 33,2013
2. See generally E Weinrib 'Legal Formalism: On the Immanent Rationality of Law' (1988) 97(6) Yale LJ 949; E Weinrib;; See Also B Zipursky;Simmonds The Decline of Juridical Reason: Doctrine and Theory in the Legal Order,1984
3. offers a similar power-based theory. For a functional based theory of fiduciary liability, with fiduciary law cast as part of equity's safety valve, 'aimed at countering opportunism', see H Smith 'Why Fiduciary Law is Equitable;Philosophical Foundations of Fiduciary Law,2014