Private Law Theory

Abstract:
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.

Sherwin, Emily L, Formal Elements of Contract and Fiduciary Law (July 21, 2015).

First posted 2015-07-24 07:11:35