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Fiduciary-Isms: A Study Of Academic Influence On The Expansion Of The Law, Daniel B. Yeager
Fiduciary-Isms: A Study Of Academic Influence On The Expansion Of The Law, Daniel B. Yeager
Faculty Scholarship
Fiduciary law aspires to nullify power imbalances by obligating strong parties to give themselves over to servient parties. For example, due to profound imbalances of legal know-how, lawyers must as fiduciaries pursue their clients’ interests, not their own, lest clients get lost in the competitive shuffle. As a peculiar hybrid of status and contract relations, politics and law, compassion and capitalism, fiduciary law is very much in vogue in academic circles. As vogue as it is, there remains room for my “Fiduciary-isms...”, a meditation on the expansion of fiduciary law from its origins in the law of trusts through partnerships, …
Manella, Pujals & Co. V. Barry, 7 U.S. 415 (1806), Nicole Whitecar
Manella, Pujals & Co. V. Barry, 7 U.S. 415 (1806), Nicole Whitecar
Legal History Publications
Manella v. Barry highlights issues of agency and contract interpretation in the international maritime trade context. In the midst of America’s entry into the Quasi-War with France, a Baltimore shipping merchant brokered a large tobacco trade with a Spanish firm and experienced the risks of conducting trade over the high seas during wartime. Three out of seven ships were captured, and the Spanish firm sought to recover from the Baltimore merchant for the price of the lost cargo. Both the Circuit Court of Maryland and John Marshall’s Supreme Court sided with James Barry, holding that the Baltimore merchant was not …
A Payee Who Is A Holder In Due Course May Be Subject To Personal Defenses Arising From Unauthorized Acts Or Promises By An Agent, Sarah Howard Jenkins
A Payee Who Is A Holder In Due Course May Be Subject To Personal Defenses Arising From Unauthorized Acts Or Promises By An Agent, Sarah Howard Jenkins
Faculty Scholarship
No abstract provided.
Agency And Insurance: Should The Defense Of Fraud By Its Own Agent Be Available To An Insurance Company Issuing Automobile Insurance?, J. Dennis Hynes
Agency And Insurance: Should The Defense Of Fraud By Its Own Agent Be Available To An Insurance Company Issuing Automobile Insurance?, J. Dennis Hynes
Publications
No abstract provided.