Skip to main content Accessibility help
×
Home
Hostname: page-component-544b6db54f-s4m2s Total loading time: 0.516 Render date: 2021-10-23T20:45:11.597Z Has data issue: true Feature Flags: { "shouldUseShareProductTool": true, "shouldUseHypothesis": true, "isUnsiloEnabled": true, "metricsAbstractViews": false, "figures": true, "newCiteModal": false, "newCitedByModal": true, "newEcommerce": true, "newUsageEvents": true }

3 - Contracts, Fiduciary Relationships and Trust

from Part I - Personal Trust and Fiduciary Relationships

Published online by Cambridge University Press:  13 March 2020

Paul B. Miller
Affiliation:
University of Notre Dame, Indiana
Matthew Harding
Affiliation:
University of Melbourne
Get access

Summary

My chapter considers the operation of trust in contracts and fiduciary relationships. Much has been written about how trust might figure in each setting, but there is little academic literature comparing the profile and workings of trust against the backdrop of the two legal forms. The gist of my argument is that contracts tend to orient and channel trust in one set of ways, and fiduciary relationships in a different set of ways. Part 2 draws a distinction between interpersonal trust and what, informed by work in sociology, I call ‘confidence’ in the predictable functioning of social or technological systems. I then argue that confidence is likely to develop differently in contracts than in fiduciary relationships, and that this has implications for how trust is likely to develop in each legal setting. In Part 3 of the paper I argue that there are reasons to think that the content of trusting beliefs might be different in fiduciary settings than in contractual settings. These reasons look to key differences between the contract form and the form of fiduciary relationships. I then explore some types of case in which contract and fiduciary forms interact in ways that might affect the content of trusting beliefs.

Type
Chapter
Information
Fiduciaries and Trust
Ethics, Politics, Economics and Law
, pp. 55 - 73
Publisher: Cambridge University Press
Print publication year: 2020

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Send book to Kindle

To send this book to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle.

Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Send book to Dropbox

To send content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox.

Available formats
×

Send book to Google Drive

To send content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive.

Available formats
×