Fiduciary Law

Introduction Chapter 1 The Nature of Fiduciary Relationships Introduction A. The Recurrent Elements of Fiduciary Relationships B. A Proposed Definition of Fiduciary Relationships C. Examples of Fiduciary Relationships and Their Boundaries D. How Do the Courts Recognize Fiduciary Relationships? E. The Dark Side of Fiduciary Relationships F. The Debate Chapter 2 Where Does Fiduciary Law Come From? Introduction A. The Laws of Hammurabi and Eshnunna B. The New Testament C. The Sharia Islamic Law D. Jewish Law E. Influence of Moral Themes and Religion F. Roman Law G. High Middle Ages H. Recent U.S. History I. The Debate Chapter 3 The Duties of Fiduciaries Introduction A. Fundamentals B. The Main Duties of Fiduciaries C. The Duty of Loyalty D. Duties Implementing the Duty of Loyalty E. The Fiduciaries' Service-Contracts and Compensation F. The Debates G. When Should Fiduciaries Consider Public Interest? H. The Duty of Care I. Serving Entrustors Whose Interests Conflict J. Fiduciaries' Rights and Protections from the Entrustors' Claims K. Fiduciary Duties in Legislation Chapter 4 Default Rules in Fiduciary Law A. Introduction B. The Process of Releasing Fiduciaries from Their Duties under Fiduciary Rules C. The Nature of Consent and Surrogate Consenters D. Default Rules and Contracts E. The Debate Chapter 5 Why View Fiduciary Law as a Separate Category? A. Introduction B. Categories Matter C. Should Fiduciary Law Be Viewed as a Category? D. The Debate Chapter 6 The Courts' Regulation of Fiduciaries, Remedies and Procedures Introduction A. Courts' Use of Judicial Discretion B. Remedies Providing Relief on Violations of Fiduciary Duties C. Equitable Remedies D. Punitive Damages E. Dissolution of a Corporation F. Criminal Sanctions G. Standing to Sue and Procedural Issues. Common Law and Equity H. Liability of the Transferee of Entrusted Property Who Knew of the Entrustment I. Resulting Trusts Chapter 7 The Role of Fiduciary Law in Facilitating Entrustment and Trust A. The Nature and Role of Trust B. The Barriers to Abuse of Trust and Dishonesty C. The Debate Epilogue