Contract, Status, and Fiduciary Law
Paul B. Miller and Andrew S. Gold
Abstract
Contract, Status, and Fiduciary Law is the first book of its kind, bringing together leading theorists to analyse critically important philosophical questions at the intersection of contract and fiduciary law. Contractual and fiduciary relationships are the two primary mechanisms through which the law facilitates coordinated pursuit of our personal interests, and these fields are often represented in oppositional terms. Some scholars suppose that they are rival modes of private ordering. The contributions in this volume show that these popular characterizations of the relationship between cont ... More
Contract, Status, and Fiduciary Law is the first book of its kind, bringing together leading theorists to analyse critically important philosophical questions at the intersection of contract and fiduciary law. Contractual and fiduciary relationships are the two primary mechanisms through which the law facilitates coordinated pursuit of our personal interests, and these fields are often represented in oppositional terms. Some scholars suppose that they are rival modes of private ordering. The contributions in this volume show that these 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 the present 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.
Keywords:
contract law,
status,
fiduciary law,
duty of loyalty,
theory of the firm,
equity,
tort law,
remedies,
political theory,
private law
Bibliographic Information
| Print publication date: 2016 |
Print ISBN-13: 9780198779193 |
| Published to Oxford Scholarship Online: January 2017 |
DOI:10.1093/acprof:oso/9780198779193.001.0001 |
Authors
Affiliations are at time of print publication.
Paul B. Miller, editor
Associate Professor of Law, McGill University Faculty of Law
Andrew S. Gold, editor
Professor, DePaul University College of Law
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