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- Title
The Fiduciary Gap.
- Authors
Alces, Kelli A.
- Abstract
The article offers information on the definition, purpose and significance of the concept of fiduciary gap, which is considered as the gap between the standard of fiduciary behavior the parties in a contract under the contractarian and the anti-contractarian views in the U.S. Topics discussed include hypothetical bargain approach in fiduciary situations as defined by Judge Frank Easterbrook and Daniel Fischel, contract law in the U.S., and duty of care.
- Subjects
UNITED States; FIDUCIARY liability; FIDUCIARY responsibility; CONTRACTS; CONTRACTARIANISM (Ethics); EASTERBROOK, Frank H., 1948-; FISCHEL, Daniel; REASONABLE care (Law); TACIT consent
- Publication
Journal of Corporation Law, 2015, Vol 40, Issue 2, p351
- ISSN
0360-795X
- Publication type
Article