Private Law Theory

“Some of the more interesting puzzles in private law involve the boundaries between subfields. Here is a recent example that implicates contract law and fiduciary law. In 2013, the Delaware Supreme Court expressly recognized a contractually created fiduciary duty of good faith. See Gerber v Enterprise Products Holdings, LLC, 67 A 3d 400, 418 (Del 2013). From different perspectives, several theorists have recently argued that there are qualitative differences between contractual and fiduciary duties …” (more)

[Andrew Gold, New Private Law, 12 August]

First posted 2015-08-12 09:16:34