Contract, status, and fiduciary law First Edition Gold

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Product details:

• ISBN-10 ‏ : ‎ 0198779194
• ISBN-13 ‏ : ‎ 978-0198779193
• Author:  Paul B. Miller (Editor), Andrew S. Gold (Editor)

Contractual and fiduciary relationships are the two primary mechanisms through which the law facilitates coordinated pursuit of our personal interests. These fields are often represented in oppositional terms, and many accept the distinction that contract law allows an individual to pursue their interests independently, while fiduciary law allows an individual to pursue their interests in a dependent or interdependent way. Relying on this distinction, however, seems to suggest that the boundaries between the fields of contract and fiduciary law are fixed rather than fluid.

Bringing together leading theorists to analyse critically important philosophical questions at the intersection of contract and fiduciary law, Contract, Status, and Fiduciary Law demonstrates that popular characterizations of the relationship between contract and fiduciary law are overly simplistic. By considering how contract and fiduciary law interact, and not just how they differ, the contributors to this volume offer new insights into a range of topics, including: status relationships, voluntary undertakings, duties of loyalty, equity, employment law, tort law, the law of remedies, political theory, and the theory of the firm.

Table of contents:

Introduction

I. Contract, Status, and Fiduciary Relationships

1. The Idea of Status in Fiduciary Law

2. Reinterpreting the Status–Contract Divide: The Case of Fiduciaries

3. Fiduciary Undertakings

II. Contractual and Fiduciary Obligations

4. What if Fiduciary Obligations are like Contractual Ones?

5. Contract, Consent, and Fiduciary Relationships

6. Fiduciary Law as Equity’s Child

7. Formal Elements of Contract and Fiduciary Law

III. Loyalty and Morality Across Contract, Fiduciary, and Tort Law

8. Accommodating Loyalty

9. The Deed, Not the Motive: Fiduciary Law Without Loyalty

10. Triangular Torts and Fiduciary Duties

IV. Contract and Status Within the Firm

11. Exit, Choice, and Employee Loyalty

12. Firms and Fiduciaries

V. The Fiduciary State and the Institution of Contract

13. The Fiduciary State and Private Ordering

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