Contract, Status, and Fiduciary Law

NOTE EDITORE

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.

SOMMARIO

1 - The Idea of Status in Fiduciary Law2 - Reinterpreting the Status-Contract Divide: The Case of Fiduciaries3 - Fiduciary Undertakings4 - What if Fiduciary Obligations Are Like Contractual Ones?5 - Contract, Consent, and Fiduciary Relationships6 - Fiduciary Law as Equity's Child7 - Formal Elements of Contract and Fiduciary Law8 - Accommodating Loyalty9 - The Deed, Not the Motive: Fiduciary Law Without Loyalty10 - Triangular Torts and Fiduciary Duties11 - Exit, Choice, and Employee Loyalty12 - Firms and Fiduciaries13 - The Fiduciary State and Private Ordering

AUTORE

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 Law Theory. Andrew S. Gold is a Professor at DePaul University College of Law. His research focuses on private law theory, contract theory, and fiduciary theory. He has previously held visiting positions at the University of Oxford and at McGill University, and he is a co-founder of the annual Fiduciary Law Workshop as well as the North American Workshop on Private Law Theory.

ALTRE INFORMAZIONI

• Condizione: Nuovo
• ISBN: 9780198779193
• Dimensioni: 241 x 26.8 x 164 mm Ø 688 gr
• Formato: Copertina rigida
• Pagine Arabe: 352