Contract, Consent, and Fiduciary Relationships

P. Miller and A. Gold, eds., Contract, Status, and Fiduciary Law, Oxford, O.U.P., 2016, Forthcoming

20 Pages Posted: 5 Mar 2016 Last revised: 29 Mar 2016

See all articles by Lionel Smith

Lionel Smith

Downing Professor of the Laws of England

Date Written: January 3, 2016

Abstract

What is the relationship between contract and fiduciary obligations? In this paper I aim to show that they are distinct juridical concepts. However, I will also explain what I understand to be the best understanding of the relationship between these two different concepts. They are distinct but overlapping. This is because fiduciary obligations arise when powers are held in a certain way. Such powers may come from a contract, which is why the concepts overlap; but they may come from another source, which is why the concepts are distinct.

Keywords: fiduciary law, contracts, consent, undertaking

JEL Classification: K00, K10, K12, K30

Suggested Citation

Smith, Lionel, Contract, Consent, and Fiduciary Relationships (January 3, 2016). P. Miller and A. Gold, eds., Contract, Status, and Fiduciary Law, Oxford, O.U.P., 2016, Forthcoming, Available at SSRN: https://ssrn.com/abstract=2741836

Lionel Smith (Contact Author)

Downing Professor of the Laws of England ( email )

10 West Road
Cambridge, CB3 9DZ
United Kingdom

HOME PAGE: http://www.law.cam.ac.uk/people/academic/d-smith/83102

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