Further, there may be valid policy reasons why society, including the courts, would support such an effort, especially in a field where the potential for abuse of trust has been endemic. As put in Hodgkinson v. Simms, at p. 420: Apart from the idea that a person has breached a trust, there is a wider reason to support fiduciary relationships in the case of financial advisors. These are occupations where advisors to whom a person gives trust has power over a vast sum of money, yet the nature of their position is such that specific regulation might frustrate the very function they have to perform. By enforcing a duty of honesty and good faith, the courts are able to regulate an activity that is of great value to commerce and society generally.
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