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. WebNearly 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 …

The Economic Structure of Fiduciary Law - Harvard Law School

Webof previously applied concepts. The purpose of this chapter is to restate the economic theory of fiduciary law, providing an updated and improved synthesis. * This chapter is an … WebRepository Citation. Bratton, William W., "Self-Regulation, Normative Choice, and the Structure of Corporate Fiduciary Law" (1993). Faculty Scholarship at Penn Carey Law. darlings ford in brunswick maine

The Economic Structure Of Corporate Law Copy

WebMay 9, 2024 · In this, fiduciary law is like restitution, another area of law that is largely second order and that has deep but not exclusive roots in equity and equitable reasoning. 20 Restitution and fiduciary law should count as fully-fledged areas of private law, but shedding their second-order character in a fusion-inspired fit of flattening should not … Webof fiduciary duty" based on the structure of fiduciary relationships. 13. Ribstein. 14 . and other commentators. 15 . have noted similarities in our ap-proaches. Despite the similarities between the Critical Resource Theory ("CRT") and Ribstein's theory, our … WebThe Economic Structure Of Corporate Law Comparative Company Law - Nov 17 2024 As attention moves rapidly towards comparative approaches, the research and teaching of company law has somehow lagged behind. The overall purpose of this book is therefore to fill a gap in the literature by identifying whether conceptual differences between countries ... bismarck roofing and sheet metal