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1. • Not especially revealing

     • The thesis is that to the extent that these similarities exist, they are not especially revealing. Theorists who emphasize the similarities commonly treat contract law as a private power-conferring rule, then analogize the law of fiduciary obligations to it.
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     What If Fiduciary Obligations Are Like Contractual Ones?

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   Are the similarities between contract law and fiduciary obligations revealing?

   • The thesis is that to the extent that these similarities exist, they are not especially revealing. Theorists who emphasize the similarities commonly treat contract law as a private power-conferring rule, then analogize the law of fiduciary obligations to it.

   What if Fiduciary Obligations are like Contractual Ones?

   academic.oup.com/book/5888/chapter/149171261

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   Are fiduciary obligations like contractual obligations?

   • This chapter explores three ways in which fiduciary obligations might be like contractual ones: in the methods lawmakers use or should use to determine the content of the obligation; in the private voluntary acts that generate the obligation; and in the fact that the obligation is a default that parties have the power to alter.

   What if Fiduciary Obligations are like Contractual Ones?

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   What is the role of a fiduciary in contract law?

   • In contract law, the function of a fiduciary is to protect structurally dependent (often dispersed) parties who may be disadvantaged by bargaining power and information disparities. The courts approach gray areas in the interpretive process with a sense that the center of gravity of the fiduciary obligation is in the fiduciary's duty to act in the best interest of the other party.

   Contract and Fiduciary Duty in Corporate Law

   dash.harvard.edu/bitstream/handle/1/13548949/contract and fiduciary duty in corporate law.pdf?sequence=1

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   Is a fiduciary relationship a type of contract?

   • The term 'fiduciary relationship' is sometimes characterized and its traditional strictures as a type of contract. However, using the term "contract" as an undistributed middle in a problematic syllogism can lead to misunderstandings. The 'law' of contract can be analyzed in terms of the parties' obligations and duties within a fiduciary relationship.

   Contract and Fiduciary Duty in Corporate Law

   dash.harvard.edu/bitstream/handle/1/13548949/contract and fiduciary duty in corporate law.pdf?sequence=1

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   What is the difference between fiduciary relationship and obligations?

   • In contrast to the claim for a fiduciary relationship and fiduciary obligations from management and controllers to public common stockholders, there is the claim for such a relationship and obligations from the common stockholders to senior security holders, like holders of bonds or preferred stock. The conflict of functions and interests between common stockholders and senior security holders does not create a fiduciary relationship.

   Contract and Fiduciary Duty in Corporate Law

   dash.harvard.edu/bitstream/handle/1/13548949/contract and fiduciary duty in corporate law.pdf?sequence=1

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   Can existing law waive fiduciary obligations?

   • Existing law may waive fiduciary obligations, both wholly or substantially, see supra note 36; see also, BROMBERG & RtusrEnst, supra note 31, §§ 6.01(c), 6.07(h).

   Contract and Fiduciary Duty in Corporate Law

   dash.harvard.edu/bitstream/handle/1/13548949/contract and fiduciary duty in corporate law.pdf?sequence=1

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3. academic.oup.com › book › 5888What if Fiduciary Obligations are like Contractual Ones?

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   A more nuanced understanding of the functions and design of contract law suggests that structural similarities between fiduciary obligations and contractual ones tell us less about the fiduciary obligations than we might have hoped.

4. papers.ssrn.com › sol3 › papersWhat If Fiduciary Obligations Are Like Contractual Ones? - SSRN

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   Nov 5, 2015 · The thesis is that to the extent that these similarities exist, they are not especially revealing. Theorists who emphasize the similarities commonly treat contract law as a private power-conferring rule, then analogize the law of fiduciary obligations to it.

   • Author: Gregory Klass

   • Publish Year: 2016

5. Videos

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     What Is a Fiduciary Duty? Examples and Types Explained

     Apr 29, 2015

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     Contract Law [1 of 10] - Introduction to Contract Law

     Sep 29, 2020

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     Fiduciary Definition: Examples and Why They Are Important

     Jan 27, 2010

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6. scholarship.law.georgetown.edu › facpub › 1522"What If Fiduciary Obligations Are Like Contractual Ones?" by ...

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   The thesis is that to the extent that these similarities exist, they are not especially revealing. Theorists who emphasize the similarities commonly treat contract law as a private power-conferring rule, then analogize the law of fiduciary obligations to it.

   • Author: Gregory Klass

   • Publish Year: 2016

7. lsolum.typepad.com › legaltheory › 2015Legal Theory Blog: Klass on Fiduciary & Contractual Obligations

   lsolum.typepad.com › legaltheory › 2015

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   Gregory Klass (Georgetown University Law Center) has posted What If Fiduciary Obligations are Like Contractual Ones? (Paul B. Miller & Andrew S. Gold, eds., Contract, Status, and Fiduciary Law (Oxford: Oxford University Press, 2016), Forthcoming) on SSRN. Here is the...

8. www.private-law-theory.org › 2024/01/15 › gregoryGregory Klass, ‘What If Fiduciary Obligations are Like ...

   www.private-law-theory.org › 2024/01/15 › gregory

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   Jan 15, 2024 · A more nuanced understanding of the functions and design of contract law suggests that structural similarities between fiduciary obligations and contractual ones tell us less about the fiduciary obligations than we might have hoped.

9. www.researchgate.net › publication › 312562388_WhatWhat if Fiduciary Obligations are like Contractual Ones?

   www.researchgate.net › publication › 312562388_What

   Nov 17, 2016 · A more nuanced understanding of the functions and design of contract law suggests that structural similarities between fiduciary obligations and contractual ones tell us less about the fiduciary...

10. papers.ssrn.com › sol3 › papersFiduciary Obligations in the Supreme Court of Canada: A ...

    papers.ssrn.com › sol3 › papers

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    May 6, 2010 · The paper addresses three related questions: (1) what is the nature of the fiduciary relationship; (2) what is the relationship between contract and fiduciary law; and (3) what are the remedial goals of fiduciary law?