... to loyalty? We have argued that loyalty (and the duty of loyalty in fiduciary law) has a cognitive dimension. This kind of “cognitivist” account invites the counterargument that, because most commercial fiduciary relationships involve financial considerations, purity of motive cannot be central to loyalty...

... of things to which one may be loyal—may provide particular reasons that are not reducible to the demands of impartial morality, even if they do not override impartial moral demands. ⁵⁴ Abstract: Loyalty is a central ideal in both legal ethics and fiduciary law, but recent theoretical approaches...

... is the close relationship between fiduciary duties and fiduciary remedies. The chapter also distinguishes the remedies of fiduciary law from those of agency. In addition, the chapter considers three major unsettled questions. First, are the remedial aims of fiduciary law distinct from tort and contract? Second...

...This chapter examines the treatment of fiduciary law in the field of law and economics. It begins with a typology of three theoretical tracts that accounts for loyalty in economics: the first tract takes a structural approach to questions of loyalty and disloyalty based on models occupied...

... of fiduciary duties interact with the more rule-based legal requirements that characterize financial regulation. As grist for this undertaking the chapter focuses on a set of roughly two dozen judicial decisions and administrative rulings to illustrate its claims. Barr Michael S Black Julia fiduciary law...

...Fiduciary law is rife with references to fiduciary relationships. Most notably, the attribution of fiduciary duties turns on the existence of a “fiduciary relationship.” But does private law admit of such a construct, and if it does, is the fiduciary relationship distinctive relative to other kinds...

... a moral effect, and commerce creates a new social environment. This historical and comparative study of fiduciary law and contract law reveals a tension between an expanding market, and a utilitarian view of contracts on the one side, and on the other, the ideals of liberality and honorary duties...

...0 05 03 2019 This chapter critically examines the theoretical underpinnings of fiduciary law and of company law, presenting the rationale of conflicts regulation within that landscape. This is important given the changing terrain of fiduciary law. The duties to avoid conflicts and profits...

... Paul B Miller is Associate Professor of Law, McGill University Faculty of Law. Andrew S Gold is Professor, DePaul University College of Law. This introduction outlines contributors’ key contributions, while also providing analysis of the background literature on contract, status, and fiduciary law...

...Much of fiduciary law is built upon status-based characterization of fiduciary relationships. Thus most fiduciary relationships—indeed, all relationships that we think of as being inherently fiduciary—are so designated as a type or kind of relationship to which fiduciary status attaches (e.g...

... bad faith charity Langbein John mandatory rules trustee beneficiary relationship trusts fiduciary law contracts consent undertaking What is the relationship between contract and fiduciary obligations? In this chapter I aim to show that they are distinct juridical concepts. However, I...

... in Honour of Edward Burn (Oxford University Press, 2003) 53 . This chapter criticizes the conventional view that loyalty lies at the heart of fiduciary law. What matters in fiduciary relationships, I argue, is that fiduciaries fulfill their mandates (e.g. executing trusts, promoting the principal’s...

...This chapter challenges the argument that one of Equity’s most distinctive doctrines, fiduciary law, must be fused with a common law doctrine—the law of contract. In particular, it highlights the disadvantages of transforming the equitable duty of loyalty into an ordinary contractual obligation...

...-023-00348-8 Against this backdrop, I argue that rights against erasure should be framed as data portability requirements because reliance on fiduciary law alone, as a means to expand companies’ responsibility vis-a-vis their users, is unsatisfactory. In the wake of social media...

...This chapter assesses fiduciary law within the framework of private law theory. Fiduciary law and private law theory seem made for one another. Fiduciary law is centrally focused on the morally attractive end of maintaining relationships of trust and confidence among individuals. But it does so...

...This chapter discusses the scope of principles of fiduciary duty as they appear in the canon law. It first provides a historical background on canon law and its relation to fiduciary law, noting that the medieval church and principles of fiduciary duty were interconnected in direct and positive...

... or trusts for purposes) which might be thought to involve a fiduciary element are considered. The chapter proceeds by discussing principles of the modern law of trusts or fiduciary law and the extent to which they appear in Roman law, with emphasis on equitable principles and good faith, ownership...

...This chapter examines the philosophy of fiduciary law. It first considers fiduciary law in relation to contract law, examining the claim that fiduciary law is no more than an application of contract law. The discussion turns to the question of loyalty as a possible value that may ground fiduciary...

...This chapter considers the psychology of fiduciary law, with particular emphasis on how the principal-agent dynamic affects judgment and decision-making. From a decision-making perspective, a characteristic of fiduciary behavior is that fiduciaries choose for others. Behavioral decision research...