Forthcoming in: Paul B. Miller & Andrew S. Gold, eds., Contract, Status, and Fiduciary Law (Oxford: Oxford University Press, 2016)
24 Pages Posted: 23 Jul 2015 Last revised: 11 Sep 2015
Date Written: July 21, 2015
Contract law, with its history in the dual systems of law and equity, has resources that allow courts to announce determinate, seemingly absolute, rules but make exceptions at the enforcement stage when the outcome of the rules seems particularly harsh. For better or worse, fiduciary law does not support a comparable type of compromise between determinate rules and equitable exceptions.
Keywords: Form, rules, contract, fiduciary, loyalty
JEL Classification: K12
Suggested Citation: Suggested Citation
Sherwin, Emily L., Formal Elements of Contract and Fiduciary Law (July 21, 2015). Forthcoming in: Paul B. Miller & Andrew S. Gold, eds., Contract, Status, and Fiduciary Law (Oxford: Oxford University Press, 2016); Cornell Legal Studies Research Paper No. 15-25. Available at SSRN: https://ssrn.com/abstract=2634109 or http://dx.doi.org/10.2139/ssrn.2634109