Friends as Fiduciaries

68 Pages Posted: 2 Apr 2008 Last revised: 14 Mar 2009

Ethan J. Leib

Fordham University School of Law

Date Written: July 10, 2008

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.

Suggested Citation

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

Ethan J. Leib (Contact Author)

Fordham University School of Law ( email )

140 West 62nd Street
New York, NY 10023
United States

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