Contract, Status, and Fiduciary Law

by Miller, Paul B.; Gold, Andrew S.

• ISBN13: 9780191824364
• ISBN10: 0191824364
• Format: eBook
• Copyright: 2017-01-03
• Publisher: Oxford University Press

Summary

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.

Author Biography

Paul B. Miller, Associate Professor of Law, McGill University Faculty of Law,Andrew S. Gold, Bruce W. Nichols Visiting Professor of Law, Harvard Law School; Professor, DePaul University College of Law

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.

Table of Contents

Introduction Paul B. Miller and Andrew S. Gold
I. Contract, Status, and Fiduciary Relationships
1. The Idea of Status in Fiduciary Law, Paul B. Miller
2. Reinterpreting the Status-Contract Divide: The Case of Fiduciaries, Hanoch Dagan and Elizabeth S. Scott
3. Fiduciary Undertakings, Matthew Harding
II. Contractual and Fiduciary Obligations
4. What if Fiduciary Obligations Are Like Contractual Ones?, Gregory Klass
5. Contract, Consent, and Fiduciary Relationships, Lionel D. Smith
6. Fiduciary Law as Equity's Child, Irit Samet
7. Formal Elements of Contract and Fiduciary Law, Emily L. Sherwin
III. Loyalty and Morality Across Contract, Fiduciary, and Tort Law
8. Accommodating Loyalty, Andrew S. Gold
9. The Deed, Not the Motive: Fiduciary Law Without Loyalty, Stephen A. Smith
10. Triangular Torts and Fiduciary Duties, John C.P. Goldberg and Benjamin C. Zipursky
IV. Contract and Status Within the Firm
11. Exit, Choice, and Employee Loyalty, Aditi Bagchi
12. Firms and Fiduciaries, D. Gordon Smith
V. The Fiduciary State and the Institution of Contract
13. The Fiduciary State and Private Ordering, Margaret Jane Radin