‘Can We Contract For Fiduciary Loyalty?’

“Some of the more interesting puzzles in private law involve the boundaries between subfields. Here is a recent example that implicates contract law and fiduciary law. In 2013, the Delaware Supreme Court expressly recognized a contractually created fiduciary duty of good faith. See Gerber v Enterprise Products Holdings, LLC, 67 A 3d 400, 418 (Del 2013). From different perspectives, several theorists have recently argued that there are qualitative differences between contractual and fiduciary duties …” (more)

[Andrew Gold, New Private Law, 12 August]

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