Contract, Consent, and Fiduciary Relationships
P. Miller and A. Gold, eds., Contract, Status, and Fiduciary Law, Oxford, O.U.P., 2016, Forthcoming
20 Pages Posted: 5 Mar 2016 Last revised: 29 Mar 2016
Date Written: January 3, 2016
Abstract
What is the relationship between contract and fiduciary obligations? In this paper I aim to show that they are distinct juridical concepts. However, I will also explain what I understand to be the best understanding of the relationship between these two different concepts. They are distinct but overlapping. This is because fiduciary obligations arise when powers are held in a certain way. Such powers may come from a contract, which is why the concepts overlap; but they may come from another source, which is why the concepts are distinct.
Keywords: fiduciary law, contracts, consent, undertaking
JEL Classification: K00, K10, K12, K30
Suggested Citation: Suggested Citation