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particularly harsh. For better or worse, fiduciary law does not support a comparable type of compromise between determinate rules …
Persistent link: https://www.econbiz.de/10014134297
an analogy between disgorgement for breach of contract and disgorgement for breach of fiduciary duty. To do so, I draw on … recent scholarship on the consistency of disgorgement for breach of fiduciary with corrective justice and analyze the leading … the fiduciary-based account can provide a plausible explanation for how disgorgement effectuates corrective justice by …
Persistent link: https://www.econbiz.de/10012996905
What is the relationship between contract and fiduciary obligations? In this paper I aim to show that they are distinct … these two different concepts. They are distinct but overlapping. This is because fiduciary obligations arise when powers are …
Persistent link: https://www.econbiz.de/10012997549
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implied fiduciary duties owed to the weaker participant. This comment explores how efficiency minded judges should apply the …
Persistent link: https://www.econbiz.de/10013147973
The operation of the remedies for breach of the equitable duty of confidence are confused, largely because of a recent tendency to treat the action as a tort, with a consequent lack of emphasis of the equitable origins of the action for breach of confidence. This paper places the action and the...
Persistent link: https://www.econbiz.de/10013054260
expanded managerial fiduciary duties in favor of creditors for Delaware-incorporated firms in the vicinity of insolvency. In …
Persistent link: https://www.econbiz.de/10012835513
expanded managerial fiduciary duties in favor of creditors for Delaware-incorporated firms in the vicinity of insolvency. In …
Persistent link: https://www.econbiz.de/10012856823
Persistent link: https://www.econbiz.de/10003965345
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