The economic structure of fiduciary law
WebA. Coextensive Common Law Requirements =e most frequent common law sources of 9duciary duties overlapping with regulatory regimes are contracts and the law of agency. For contracts, 9duciary duties can arise as a result of explicit contractual terms but can also be inferred from the overall structure of a contractual relationship. 1. WebLike general equity, out of which it grew, fiduciary law is celebrated as unbound by rules and deplored as unprincipled. This chapter argues that a functional theory of equity—of equity as aimed at countering opportunism—captures the character of fiduciary law.
The economic structure of fiduciary law
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Webreconcilable with an economic theory of fiduciary law. The remainder of this chapter is organized as follows. Part I examines the agency problem that is the common economic … WebThe Economic Structure of Fiduciary Law - Harvard Law School Harvard Law School Faculty Bibliography Robert H. Sitkoff, The Economic Structure of Fiduciary Law, 91 B.U. …
WebSee Robert H. Sitkoff, An Economic Theory of Fiduciary Law, in PHILOSOPHICAL FOUNDATIONS OF FIDUCIARY LAW 197, 204-08 (Andrew S. Gold & Paul B. Miller eds., … WebMar 10, 2011 · The law-and-economics movement has matured further, developing new tools and refining its understanding of previously applied concepts. The purpose of this essay is to restate the economic...
WebRobert H. Sitkoff, The Economic Structure of Fiduciary Law, 91 B.U. L. Rev. 1039 (2011). Fiduciary Financial Advisors and the Incoherence of a ‘High-Quality Low-Fee’ Safe Harbor. October 19, 2024. Max M. Schanzenbach & Robert H. Sitkoff, Fiduciary Financial Advisors and the Incoherence of a ‘High-Quality Low-Fee’ Safe Harbor (Sept. 16 ... WebMay 9, 2024 · The Oxford Handbook of Fiduciary Law provides a comprehensive overview of critical topics in fiduciary law and theory through chapters authored by leading scholars. The Handbook opens with surveys of the many fields of law in which fiduciary duties arise.
WebFeb 1, 2014 · The law tends to impose fiduciary obligation in circumstances that present what economists call a principal-agent or agency problem. 3 An agency problem arises whenever one person, the principal, engages another person, the agent, to undertake imperfectly observable discretionary actions that affect the welfare of the principal.
WebRepository Citation. Bratton, William W., "Self-Regulation, Normative Choice, and the Structure of Corporate Fiduciary Law" (1993). Faculty Scholarship at Penn Carey Law. famous iranian soccer playersWebMar 11, 2011 · The law-and-economics movement has matured further, developing new tools and refining its understanding of previously applied concepts. The purpose of this essay is to restate the economic theory of fiduciary law in an updated and accessible … copper island pub sorrentoWebFeb 24, 2014 · The answer is that the mandatory core of fiduciary law serves a cautionary and protective function within the fiduciary relationship as well as an external … famous irish australian peopleWebThis chapter restates the economic theory of fiduciary law, making several fresh contributions. First, it clarifies the agency problem at the core of all fiduciary … famous irani chai in hyderabadWebThis essay revisits the economic theory of fiduciary law. Nearly two decades have passed since the publication of the seminal economic analyses of fiduciary law by Cooter and … copper island connected to padsWebNearly two decades have passed since the publication of the seminal economic analyses of fiduciary law by Cooter and Freedman, 1 and by Easterbrook and Fischel, 2 which together have come to underpin the prevailing economic, contractarian model of fiduciary law. 3 The principal–agent economic theory that motivates those papers has come to permeate the … famous irish beerWebThe common law principle that directors owe a primary duty to their corporation and a secondary duty to the shareholders of that corporation has been gradually eroded by the federal securities laws so that directors are charged with owing duties to shareholders, with the corporation and other corporate constituents relegated to a lower status. copper is made of two isotopes