Stranger Liability and Fiduciary Duties
Knowing receipt, dishonest assistance, no-profit, no-purchase and no-conflict fiduciary rules.
How to study for FLK2
Use closed-book rule anchors, realistic client facts, primary-classification ranges and an ethical decision check across every subject.
Core concepts
Concept 1
Apply receipt of trust property, beneficial receipt, knowledge and unconscionability to knowing receipt.
Exam cue: Separate recipient liability from accessory liability.
Concept 2
Apply assistance, breach and objective dishonesty to dishonest assistance without requiring receipt.
Exam cue: Identify duty, conflict or profit, authorisation and remedy.
Concept 3
Enforce the fiduciary no-profit and no-conflict rules and the prohibition on trustee purchase.
Concept 4
Identify informed consent, authorisation, account of profits, rescission and proprietary remedies where available.
Risk pitfalls and guardrails
Assuming negligence alone amounts to dishonest assistance.
Guardrail: Check the sitting-specific law cutoff, keep Solicitors Accounts in its official context and reject any answer that imports an FLK1 rule as the controlling subject.
Treating a fair transaction as automatically curing an unauthorised fiduciary conflict.
Guardrail: Check the sitting-specific law cutoff, keep Solicitors Accounts in its official context and reject any answer that imports an FLK1 rule as the controlling subject.
Memory anchors
Stranger Liability and Fiduciary Duties: scope
Knowing receipt, dishonest assistance, no-profit, no-purchase and no-conflict fiduciary rules.
Stranger Liability and Fiduciary Duties: focus 1
Apply receipt of trust property, beneficial receipt, knowledge and unconscionability to knowing receipt.
Stranger Liability and Fiduciary Duties: focus 2
Apply assistance, breach and objective dishonesty to dishonest assistance without requiring receipt.
Stranger Liability and Fiduciary Duties: focus 3
Enforce the fiduciary no-profit and no-conflict rules and the prohibition on trustee purchase.
Stranger Liability and Fiduciary Duties: focus 4
Identify informed consent, authorisation, account of profits, rescission and proprietary remedies where available.
Checkpoint rule
Do the check-up only after you can summarize each concept in one sentence and identify one dangerous pitfall from memory.
Knowledge Check (after reading)
Short check-up to confirm understanding of this module.
Check-up Questions
Next step personalized recommendations
Continue learning
Move forward only after this module is stable.
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