Contract, Status, and Fiduciary Law

Author:   Paul B. Miller (Associate Professor of Law, Associate Professor of Law, McGill University Faculty of Law) ,  Andrew S. Gold (Professor, Professor, DePaul University College of Law)
Publisher:   Oxford University Press
ISBN:  

9780198779193


Pages:   352
Publication Date:   17 November 2016
Format:   Hardback
Availability:   To order   Availability explained
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Contract, Status, and Fiduciary Law


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Overview

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.

Full Product Details

Author:   Paul B. Miller (Associate Professor of Law, Associate Professor of Law, McGill University Faculty of Law) ,  Andrew S. Gold (Professor, Professor, DePaul University College of Law)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 16.40cm , Height: 2.70cm , Length: 24.10cm
Weight:   0.688kg
ISBN:  

9780198779193


ISBN 10:   0198779194
Pages:   352
Publication Date:   17 November 2016
Audience:   College/higher education ,  Professional and scholarly ,  Tertiary & Higher Education ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order   Availability explained
Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us.

Table of Contents

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

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Author Information

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.

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