Contract, Status, and Fiduciary Law
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Product details:
- Publisher OUP Oxford
- Date of Publication 17 November 2016
- ISBN 9780198779193
- Binding Hardback
- No. of pages352 pages
- Size 241x164x26 mm
- Weight 688 g
- Language English 0
Categories
Short description:
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 these two areas of law, while distinctive, are deeply intertwined.
MoreLong description:
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
The Idea of Status in Fiduciary Law
Reinterpreting the Status-Contract Divide: The Case of Fiduciaries
Fiduciary Undertakings
II. Contractual and Fiduciary Obligations
What if Fiduciary Obligations Are Like Contractual Ones?
Contract, Consent, and Fiduciary Relationships
Fiduciary Law as Equity's Child
Formal Elements of Contract and Fiduciary Law
III. Loyalty and Morality Across Contract, Fiduciary, and Tort Law
Accommodating Loyalty
The Deed, Not the Motive: Fiduciary Law Without Loyalty
Triangular Torts and Fiduciary Duties
IV. Contract and Status Within the Firm
Exit, Choice, and Employee Loyalty
Firms and Fiduciaries
V. The Fiduciary State and the Institution of Contract
The Fiduciary State and Private Ordering
