Rights, Remedies, Wrongs and the Bribe-Taking Fiduciary

Abstract

The material in the chapter critiques two significant legal classificatory schemes: the Birksian classification of legal rights according to their causative event - wrongs and not-wrongs, and Zakrzewski’s complimentary classification of remedies depending on whether they restate or create a substantive right. Both schemes seek legal certainty and seek to provide guidance in the development of the law. Case law involving the bribe-taking fiduciary and the recognition of the availability of proprietary relief question assumptions underlying both schemes and the results they predict.