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Contract, Status, and Fiduciary Law
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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

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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Contents

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Introduction

Paul B Miller* and Andrew S Gold**

Part I Contract, Status, and Fiduciary Relationships

2 Reinterpreting the Status–Contract Divide

Hanoch Dagan and Elizabeth S Scott*

3 Fiduciary Undertakings

Matthew Harding*

Part II Contractual and Fiduciary Obligations

Part III Loyalty and Morality Across Contract, Fiduciary, and Tort Law

8 Accommodating Loyalty

Andrew S Gold*

9 The Deed, Not the Motive

Stephen A Smith*

10 Triangular Torts and Fiduciary Duties

John CP Goldberg* and Benjamin C Zipursky**

Part IV Contract and Status Within the Firm

12 Firms and Fiduciaries

D Gordon Smith*

Part V The Fiduciary State and the Institution of Contract

End Matter