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 these two areas of law, while distinctive, are deeply intertwined.

• Introduction


• 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

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.