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(i) In the context of corporate law, discuss the following statement and explain the fiduciary concept in detail:
Since the decision of the High Court in Hospital Products Ltd v United States Surgical Corporation [1984] HCA 64, it has been accepted in this country that a fiduciary duty arises out of an undertaking, express or implied, by the person incurring such duty.3
(ii) Discuss examples that demonstrate this fiduciary concept in each of the following areas, referring to case law and statute as necessary:
(a) The general law (as it relates to the formation of a company); (b) A Partnership Act (in an Australian State or Territory); AND (c) The Corporations Act 2001 (Cth).
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