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And this entails that the restitutionary remedies preferred by those who propose to recast contract in fiduciary terms expose contracting parties to the risk of costly renegotiations, which destroy contractual surplus and thus set back the interests of both promisors and promisees.
Similar(59)
The move to gain-based damages thus adopts a fiduciary logic: it recasts contract to abandon the arm's length perspective from which the contract was made in favor of an open-ended obligation of loyalty in favor of the promisee.
Required Payments Are Not Affected by Extra Payments on a Fixed-rate Mortgage: The borrower who wants to use a cash windfall to reduce his monthly payment can't do it on a fixed-rate mortgage except by inducing the lender to recast the loan contract -- at a price.
Suggestions that contract might be recast as tort or fiduciary law invariably proceed along two often-parallel lines: one concerns legal doctrine; and the other legal theory.
The plagiarist who knew plenty about entertainment contracts is suddenly recast as a major underprivileged folk artist.
The left has recast marriage not as a lifelong contract, but as a civil right, a choice, one of many paths to empowerment.
In short, Mr. Boies was trying to recast the tying charge as a contract restriction -- that is, PC makers who wanted Windows had to take its Internet Explorer browsing software whether they wanted it or not.
Contract, that is, might be recast as a special case of tort or fiduciary obligation.
The CBS show was not scheduled to be broadcast until mid-1994, after NBC's announcement of whether Friends would be greenlit; if Muddling Through became a ratings success and CBS enforced Aniston's contract, Friends would have had to recast her.
Yes, the cast has settled their contract dispute and will all return, but one character is being recast: Jay and Gloria's dog, Stella.
In 1971, recast as a singer-songwriter, Joel recorded the poorly produced Cold Spring Harbor for Family Productions, which locked him into an exploitative long-term contract.
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Since I tried Ludwig back in 2017, I have been constantly using it in both editing and translation. Ever since, I suggest it to my translators at ProSciEditing.

Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com