Lionel Smith has made available for download his article, “Contract, Consent, and Fiduciary Relationships,” published in the P. Miller and A. Gold, eds., Contract, Status, and Fiduciary Law, Oxford, O.U.P., 2016.
The Abstract reads as follows:
What is the relationship between contract and fiduciary obligations? In this paper I aim to show that they are distinct juridical concepts. However, I will also explain what I understand to be the best understanding of the relationship between these two different concepts. They are distinct but overlapping. This is because fiduciary obligations arise when powers are held in a certain way. Such powers may come from a contract, which why the concepts overlap; but they may come from another source, which is why the concepts are distinct.
Find the article here: Contract, Consent, and Fiduciary Relationships by Lionel Smith
Posted by Pooja Shivaprasad, Associate Editor, Wealth Strategies Journal