Lionel Smith, ‘Contract, Consent, and Fiduciary Relationships’

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 why the concepts overlap; but they may come from another source, which is why the concepts are distinct.

Smith, Lionel, Contract, Consent, and Fiduciary Relationships (January 3, 2016). P Miller and A Gold, eds, Contract, Status, and Fiduciary Law, Oxford, OUP, 2016, forthcoming.

First posted 2016-03-06 08:31:44

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