The Notion of Trust as a Comprehensive Theory of Contract and Corporate Law: A New Approach to the Conception That the Corporation Is a Nexus of Contract

Bukspan, Eli

Journal: UC Law Business Journal

Volume: 2

First Page: 229

Year: 2006

Bluebook Citation: 2 UC L. BUS. J. 229 (2006)

Author: Eli Bukspan: all 3 publications


Abstract

The concept of trust-- the fulfillment of promises both express and implied-- is at the heart of our social and economic lives. Without it, the simplest of daily interactions would be unduly burdensome, if not impossible altogether. The author offers trust as a comprehensive theory of contract law, which does not merely compel compliance, but encourages it as an expressive and self-reinforcing value. Using recent watershed opinions from the Israeli Supreme Court, the author demonstrates how the good faith principle of contract law can be extended to broader corporate conduct, strengthening a culture of trust.

As corporate actions and individual lives become increasingly intertwined, a comprehensive theory based on the universal human value of trust is highly valuable.

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