Download or read book Mastering the Faithless Servant Reconciling Employment Law Contract Law and Fiduciary Duty written by Charles A. Sullivan and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The quaintly-named “faithless servant” doctrine requires employees subject to it not merely to pay damages for their derelictions but also to disgorge the compensation paid during the period of his faithlessness and without any right to recover in quantum meruit for the value the employee may have provided during that time. The net result is that an employer can recover substantial amounts of compensation paid and otherwise due without proof that it suffered any damage whatsoever and, indeed, even if it is established that there were no such damages. Such a result is startling to those who approach the question from the perspective of contract law, which normally would limit the victim of a breach to expectation damages. While those who come to the doctrine from the perspective of an agent's fiduciary duty will not be surprised by the remedies for breach of the “duty of loyalty,” they will be startled by how broadly the doctrine sweeps. In some jurisdictions it not only reaches all employees, but the automatic forfeiture remedy is more draconian than trust law requires of the quintessential faithless fiduciary, the faithless trustee. Further, while the doctrine has typically been invoked against higher-level employees, it has more recently been deployed defensively in response to lower-level employee suits for violations of antidiscrimination statutes and wage/hour laws. The natural consequence has been to up the ante for such plaintiffs, which seems likely to discourage their suits. The question of the appropriateness of enhanced remedies for some or all “faithless” employees takes place in an environment in which abuses by corporate executives are front and center in public policy debates. At the very least, however, one might anticipate that the reach of the “faithless servant” doctrine would be well-defined and its harsh consequences well-justified. Neither turns out to be true. Nor could a reconsideration of the question be timelier. In its current Restatement of Employment Law project, the American Law Institute will focus on whether the doctrine should be part of the employer's arsenal of remedies for misconduct in the employment relationship. This will compel it to decide whether to accept, reject, or modify the Institute's approval of the faithless servant rule in its earlier Restatements of Agency. Arguing that “employees” are different from other agents, this Article contends that at the least the doctrine should be inapplicable to lower-level workers and suggests reframing it even as applied to “key” employees.
Download or read book The Oxford Handbook of Fiduciary Law written by Evan J. Criddle and published by Oxford University Press. This book was released on 2019-04-29 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Fiduciary Law provides a comprehensive overview of critical topics in fiduciary law and theory through chapters authored by leading scholars. The Handbook opens with surveys of the many fields of law in which fiduciary duties arise, including agency law, trust law, corporate law, pension law, bankruptcy law, family law, employment law, legal representation, health care, and international law. Drawing on these surveys, the Handbook offers a synthetic analysis of fiduciary law's key concepts and principles. Chapters in the Handbook explore the defining features of fiduciary relationships, clarify the distinctive fiduciary duties that arise in these relationships, and identify the remedies available for breach of fiduciary duties. The volume also provides numerous comparative perspectives on fiduciary law from eminent legal historians and from scholars with deep expertise in a diverse array of the world's legal systems. Finally, the Handbook lays the groundwork for future research on fiduciary law and theory by highlighting cross-cutting themes, identifying persistent theoretical and practical challenges, and exploring how the field could be enriched through empirical analysis and interdisciplinary insights from economics, philosophy, and psychology. Unparalleled in its breadth and depth of coverage, The Oxford Handbook of Fiduciary Law represents an invaluable resource for practitioners, policymakers, scholars, and students in this essential field of law.
Download or read book Philosophical Foundations of Fiduciary Law written by Andrew S. Gold and published by OUP Oxford. This book was released on 2014-08-14 with total page 543 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fiduciary law is a critically important body of law. Fiduciary duties ensure the integrity of a remarkable variety of relationships, institutions, and organizations. They apply to relationships of great personal significance, including in some jurisdictions the relationship between parents and children. They structure a wide variety of commercial relationships, and they are essential to the regulation of relationships between professional service providers and their clients, including relationships between lawyer and client, doctor and patient, and investment manager and client. Fiduciary duties, perhaps uniquely in private law, challenge traditional ways of marking the boundaries between private and public law, inasmuch as they figure prominently in public governance. Indeed, there is even a storied tradition of thinking of the authority of the state in fiduciary terms. Notwithstanding its importance, fiduciary law has been woefully under-analysed by legal theorists. Filling this gap with a series of chapters by leading theorists, this book includes chapters on: the nature of fiduciary relationships, the connection between fiduciary duties and morality, the content and significance of fiduciary loyalty, the economic significance of fiduciary law, the application of fiduciary principles to public law and international law, the import of fiduciary relationships to theories of authority, and various other fundamental topics in the field. In many cases, new and important questions are raised by the book's chapters. Indeed, this book not only offers a much-needed theoretical assessment of fiduciary topics, it defines the field going forward, setting an agenda for future philosophical study of fiduciary law.
Download or read book Contract Status and Fiduciary Law written by Paul B. Miller and published by Oxford University Press. This book was released on 2016 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contractual and fiduciary relationships are the two primary mechanisms through which the law facilitates coordinated pursuit of our personal interests. These fields are often represented in oppositional terms, and many accept the distinction that contract law allows an individual to pursue their interests independently, while fiduciary law allows an individual to pursue their interests in a dependent or interdependent way. Relying on this distinction, however, seems to suggest that the boundaries between the fields of contract and fiduciary law are fixed rather than fluid. Bringing together leading theorists to analyse critically important philosophical questions at the intersection of contract and fiduciary law, Contract, Status, and Fiduciary Law demonstrates that popular characterizations of the relationship between contract and fiduciary law are overly simplistic. By considering how contract and fiduciary law interact, and not just how they differ, the contributors to this volume offer new insights into a range of topics, including: status relationships, voluntary undertakings, duties of loyalty, equity, employment law, tort law, the law of remedies, political theory, and the theory of the firm.
Download or read book The Future of the Employment Contract written by Brodie, Douglas and published by Edward Elgar Publishing. This book was released on 2021-07-31 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This analytical book examines how the common law of the employment contract is likely to evolve. Tracing the radical evolution of this area over the last 40 years, it explores how many of the changes in common law have been triggered by the judicial ‘discovery’ of the key attributes of the relationship. The author concludes that these key attributes of the contract, including the imbalance of power between employee and employer, are likely to remain the key driver for change.
Download or read book Employment Law written by Timothy P. Glynn and published by Aspen Publishing. This book was released on 2019-02-01 with total page 1456 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Employment Law: Private Ordering and Its Limitations, Fourth Edition is organized around the rights and duties that flow between parties in an employment relationship. Through cases, detailed discussion of the facts, and accessible notes and questions, this book examines the laws that are intended to balance the competing interests and contractual obligations between employer and employee. The note materials also encourage students to think critically and creatively about how best to protect the interests of workers or employers. Practitioner exercises in planning, drafting, advising, and negotiating develop transactional lawyering skills. New to the Fourth Edition: Important Supreme Court and lower court cases in key areas including the scope of “employment,” whistleblower and anti-retaliation protections, anti-discrimination laws, disability and other accommodations, noncompetition agreements, and mandatory arbitration clauses Addition of cases and note materials on hot topics including employment protections in the gig economy, workplace speech protections in a time of deep social and political conflict, the workplace implications of AI and other technologies, emergent privacy and cyber security issues, and innovations in accommodating workers’ lives Updated problems and exercises Streamlined case and note editing Professors and students will benefit from: Comprehensive and deep coverage of key areas of workplace regulation Practical exercises in each chapter Note materials designed to provide both context and knowledge of emergent legal and social science scholarship Thematic consistency across chapters providing a unifying framework for the discussion of disparate topic areas
Download or read book Problems in Contract Law written by Charles L. Knapp and published by Aspen Publishing. This book was released on 2019-02-01 with total page 1657 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Problems in Contract Law: Cases and Materials, Ninth Edition, by Charles L. Knapp, Nathan M. Crystal, and Harry G. Prince, a balance of traditional and contemporary cases reflect the development and complexity of contract law. Explanatory notes and text place classic and contemporary cases in their larger legal context, while questions and problem exercises bridge theory and practice. Adaptable for instructors with different teaching techniques, this successful book includes various perspectives and contractual settings, and offers a highly intelligent, contemporary treatment of contract law. It can easily be used in teaching by traditional case analysis, through problem-based instruction, or using theoretical inquiry. New to the Ninth Edition: Seven new cases that reflect advances in or improved statements of contract law Two restored cases (Kirksey v. Kirksey and Hill v. Jones) that provide valuable perspectives on fundamental areas of contract law Eight new problems (including seven net additions and one replacement) to provide more review options for teachers and students and to add contemporary fact patterns A new, two-color design featuring interesting photographs illustrating people and places discussed in some of the cases Editing of note and text material to reduce length without affecting coverage Reorganization of text and comment material to focus comments primarily on historical developments, allowing professors flexibility in assigning or deleting comments Student accessibility to deleted cases from prior editions through Connected Casebook, allowing professors the further flexibility of continuing to easily assign cases for which they have a particular preference Professors and students will benefit from: Flexible application for professors with various teaching methodologies: traditional, problem, theoretical, and practical A mixture of classic and contemporary cases The authors’ emphasis on accessibility of the material—rejecting a hide-the-ball approach Review questions at the end of each chapter that are primarily designed for students to perform self-assessments of their grasp of the material. Answers with explanations are included in an appendix within the book.
Download or read book Legal and Ethical Environment of Business written by Gerald R. Ferrera and published by Aspen Publishing. This book was released on 2018-03-09 with total page 916 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on ethics in every aspect of the business environment, The Legal and Ethical Environment of Business, Second Edition by Gerald R. Ferrera, Mystica M. Alexander, William P. Wiggins, Cheryl Kirschner and Jonathan Darrow, prepares students to work within current industry norms, practices, and legislation. Ethics coverage is integrated throughout the book and featured in nearly every chapter. Ethical theory is interwoven with practical applications using several novel pedagogical tools developed to promote focused, thoughtful inquiry and to highlight the interplay of ethics and law. The book also meets the needs of students who will be facing an increasingly international business environment. Integrated coverage of international issues goes beyond comparative law topics and includes substantial coverage of central topics in international business law, such as, bribery and the Foreign Corrupt Practices Act, key provisions of the Convention on Contracts for the International Sales of Goods, and a comparison of the Uniform Commercial Code and the UN Convention on Contracts for the International Sale of Goods. Key Features: Excellent, pragmatic discussion of business organization implications and legal aspects of expanding a U.S. business internationally Crisp, thorough coverage of the Foreign Corrupt Practices Act, with contextual material on corruption effects on society and business, as well as explanation of the law and examples Readable, concise explanation of financing international business transactions, including overview of international debtor-creditor issues, risks specific to international transactions and description of the Letter of Credit process
Download or read book Taming the Past written by Robert W. Gordon and published by Cambridge University Press. This book was released on 2017-06-09 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: A critical catalogue of how lawyers use history - as authority, as evocation of lost golden ages, as a nightmare to escape and as progress towards enlightenment.
Download or read book The Impact of Corruption on International Commercial Contracts written by Michael Joachim Bonell and published by Springer. This book was released on 2015-08-29 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents national reports describing the legal instruments that are available to prevent the payment of bribes for acquiring contracts. Anti-corruption is one of the preeminent issues in the modern global commercial order and is tackled with the help of criminal law and contract law in different ways in different countries. The reports included in this volume, from very diverse parts of the world, represent a unique and rich compilation of court decisions, doctrinal discussions and a pool of suggested solutions. The central theme is the enforceability of three problematic types of contracts: the bribe agreement, whereby a bribe payer promises the agent of his business partner a personal benefit in exchange for favourable contract terms; the agreement between a bribe payer and an intermediary (a “bribe merchant”), where the latter offers his expertise to help funnel bribes to agents of the business partner; and finally, the contract between the bribe payer and his business partner which was obtained by means of bribery. The analysis is tailored toward commercial contracts, which can also include contracts with state-owned enterprises. The examination and comparison of international and national initiatives included in this volume advance the discussion on the most appropriate remedies in corruption cases, and show how to get past the boundaries of criminal, private and contract law.
Download or read book The Unity of the Common Law written by Alan Brudner and published by Oxford University Press. This book was released on 2013-09 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: The structure of common law has for many years been the subject of intense debate between formalists and functionalists. The former, drawing on legal realism, proposes that transactional law is a private law for interacting parties, while the later, inspired by Kant, argue it is a public law serving the collective ends of society. But what if there were a unity between functionalism and formalism? What if, in this unity, private law is modfied by a common good? In this thoroughly revised and re-written edition of his classic book 'The Unity of the Common-Law: Studies in Hegelian Jurisprudence,' Alan Brudner draws on Hegel's legal philosophy to exhibit this unity in each of transactional laws main divisions; property, contract, unjust enrichment and tort. Brudner suggests each of these divisions is composed of private-law and public-law parts that complement each other and that they are connected by a single narrative thread. This thread consists in development towards a goal. The goal is the dignity that comes with the attainment of the legal conditions necessary and sufficient for reconciling dependence with independence. Thus the end point is what a transactional law can contribute to a life sufficient for dignity.
Download or read book Amor Mundi written by J.W. Bernauer and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: The title of our collection is owed to Hannah Arendt herself. Writing to Karl Jaspers on August 6, 1955, she spoke of how she had only just begun to really love the world and expressed her desire to testify to that love in the title of what came to be published as The Human Condition: "Out of gratitude, I want to call my book about political theories Arnor Mundi. "t In retrospect, it was fitting that amor mundi, love of the world, never became the title of only one of Arendt's studies, for it is the theme which permeates all of her thought. The purpose of this volume's a- ticles is to pay a critical tribute to this theme by exploring its meaning, the cultural and intellectual sources from which it derives, as well as its resources for conte- porary thought and action. We are privileged to include as part of the collection two previously unpu- lished lectures by Arendt as well as a rarely noticed essay which she wrote in 1964. Taken together, they engrave the central features of her vision of amor mundi. Arendt presented "Labor, Work, Action" on November 10, 1964, at a conference "Christianity and Economic Man:Moral Decisions in an Affluent Society," which 2 was held at the Divinity School of the University of Chicago.
Download or read book The Works of Jeremy Bentham Now First Collected written by Jeremy Bentham and published by . This book was released on 1842 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Churchmen and Urban Government in Late Medieval Italy c 1200 c 1450 written by Frances Andrews and published by Cambridge University Press. This book was released on 2013-11-28 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: Major new study of secular-religious boundaries and the role of the clergy in the administration of Italy's late medieval city-states.
Download or read book Discourses Upon the Existence and Attributes of God written by Stephen Charnock and published by . This book was released on 1840 with total page 708 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Household Politics written by Don Herzog and published by Yale University Press. This book was released on 2013-04-30 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contends that, though early modern English canonical sources and sermons often urge the subordination of women, this was not indicative of public life, and that husbands, wives and servants often struggled over authority in the household.
Download or read book Conflict of Interest in the Professions written by Michael Davis and published by Oxford : Oxford University Press. This book was released on 2001 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conflicts of interest pose special problems for the professions. Even the appearance of a conflict of interest can undermine essential trust between professions and the public. This volume is an accessible guide to the ramifications and problems caused by conflicts of interest. It contains 15 new essays by scholars, and covers topics in law, medicine, journalism, engineering, financial services, and others.
