1.3 Contractarian Basis
An academic doctrine (an “insurgent theory”) seeks to establish a contractarian basis for fiduciary relationships with important implications for the continued vitality of that relationship. This doctrine is part of a larger exercise within the academy to view all relationships generally as a species of contract:
Contract has become the dominant doctrinal current in modern American law. In fields ranging from corporations and partnership, to landlord and tenant, to servitudes, to the law of marriage, scholars have come to understand our legal rules as resting mainly on imputed bargains that are susceptible alteration by actual bargains.