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(p. 127) 5. Restricting Personal Autonomy 

(p. 127) 5. Restricting Personal Autonomy
(p. 127) 5. Restricting Personal Autonomy

Sarah Worthington

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date: 25 February 2021

Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. Another contribution of Equity to the common law landscape is the invention of several new and uniquely structured obligations, which restrict individual autonomy in special and rather aggressive ways. This chapter considers obligations that constrain the defendant's autonomy even when his impugned behaviour has caused the claimant no harm. It focuses on Equity's proscriptive rules. The best known are Equity's fiduciary obligations, which demand loyalty and self-denial from trustees and others whose roles entitle them to exercise discretion in managing property belonging to another. More generally, Equity regulates the exercise of all powers that are intended to affect the interests of others, regardless of whether the affected interests are proprietary or not. These are Equity's rules on abuse of power. Finally, Equity has particular strategies to regulate the use of information. These are Equity's rules on breach of confidence.

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