Contract, Status, and Fiduciary Law

Hardcover | December 3, 2016

EditorPaul B. Miller, Andrew S. Gold

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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 pursuetheir 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 the popular characterizations of the relationship between contract and fiduciary law are overlysimplistic. By considering how contract and fiduciary law interact, and not just how they differ, the contributors to the 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 ofremedies, political theory, and the theory of the firm.

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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 pursuetheir interests independently, while fiduciary ...

Paul B. Miller is Associate Professor of Law at the McGill University Faculty of Law. His research focuses on the philosophy of private law, with a particular emphasis on fiduciary law, trusts, and the law of organizations. He is a co-founder of the annual Fiduciary Law Workshop as well as the annual North American Workshop on Private ...

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Format:HardcoverDimensions:352 pages, 9.21 × 6.14 × 0.01 inPublished:December 3, 2016Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198779194

ISBN - 13:9780198779193

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Table of Contents

Paul B. Miller and Andrew S. Gold: IntroductionI. Contract, Status, and Fiduciary Relationships1. Paul B. Miller: The Idea of Status in Fiduciary Law2. Hanoch Dagan and Elizabeth S. Scott: Reinterpreting the Status-Contract Divide: The Case of Fiduciaries3. Matthew Harding: Fiduciary UndertakingsII. Contractual and Fiduciary Obligations4. Gregory Klass: What if Fiduciary Obligations Are Like Contractual Ones?5. Lionel D. Smith: Contract, Consent, and Fiduciary Relationships6. Irit Samet: Fiduciary Law as Equity's Child7. Emily L. Sherwin: Formal Elements of Contract and Fiduciary LawIII. Loyalty and Morality Across Contract, Fiduciary, and Tort Law8. Andrew S. Gold: Accommodating Loyalty9. Stephen A. Smith: The Deed, Not the Motive: Fiduciary Law Without Loyalty10. John C.P. Goldberg and Benjamin C. Zipursky: Triangular Torts and Fiduciary DutiesIV. Contract and Status Within the Firm11. Aditi Bagchi: Exit, Choice, and Employee Loyalty12. D. Gordon Smith: Firms and FiduciariesV. The Fiduciary State and the Institution of Contract13. Margaret Jane Radin: The Fiduciary State and Private Ordering