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Friends as Fiduciaries

Ethan J. Leib
University of California - Hastings College of the Law



Washington University Law Review, Vol. 86, 2009

Abstract:     
The Article argues that the law of fiduciary duties provides a good framework for friends to understand their duties to one another better, gives courts a useful set of rhetorical and analytical tools to employ when they are forced to entertain disputes that arise between close friends, and, finally, can help direct courts to furnish betrayed friends certain kinds of remedies that are most appropriate for achieving justice within that dispute context. This is not the first Article to make an effort to expand the reach of the fiduciary concept into new sorts of relationships that are not always considered within the ambit of fiduciary duty law. But the case for thinking of friends as fiduciaries is exceedingly persuasive and underappreciated, both in the law and in our lives.

Accepted Paper Series

Date posted: April 02, 2008 ; Last revised: March 14, 2009

Suggested Citation

Leib, Ethan J., Friends as Fiduciaries (July 10, 2008). Washington University Law Review, Vol. 86, 2009. Available at SSRN: http://ssrn.com/abstract=1115668


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Contact Information

Ethan J. Leib (Contact Author)
University of California - Hastings College of the Law ( email )
200 McAllister Street
San Francisco, CA 94102
United States
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