Good Faith and Loyalty: Reimagining Civilian Contracts From a Fiduciary Law Perspective
24 March 2022
The article argues there are clear connections between two primary duties in private law, the civilian contractual duty of good faith and the common law fiduciary duty of loyalty. It illustrates how and when these duties play a similar role in tackling similar challenges governed by private law. Building on the connections between the two duties, the article paves the way for new thinking about civilian contract law, which reimagines contractual relationships from a fiduciary law perspective. The article further suggests that these connections render the common law’s hostility toward civilian good faith unsubstantiated.
Yifat holds a Ph.D. from the Faculty of Law, Tel Aviv University (2020). She also holds an undergraduate degree (Law & International Relations, cum laude) from the Hebrew University (2010), and a Master of Laws (with distinction) from University College London (2014). Following the completion of her Ph.D., Yifat was a postdoctoral fellow at the Edmond J. Safra Center for Ethics; a postdoctoral fellow at the Sacher Institute; and she is currently a research fellow at Fischer Center for Corporate Governance & Financial Regulation, and the academic manager of the center.
Her research interests include fiduciary law, contract law, corporate law, and restitution of unjust enrichment. Yifat’s research revolves around both theoretical aspects of private law and the possible practical implications of legal theory and sees much value in taking a comparative perspective on these questions.