Abstract
The Revised Uniform Partnership Act of 1994 (RUPA) section 404 establishes a comprehensive definition of partnership fiduciary duties and includes an express recognition of the unique position of a partner. The approach taken by RUPA endorses too great an invasion of the principle of freedom of contract among partners, and a change in the language of RUPA is proposed with the goal of expanding freedom of contract without abandoning the requirement of good faith.
Citation
J. Dennis Hynes,
Fiduciary Duties and RUPA: An Inquiry Into Freedom of Contract,
58 Law and Contemporary Problems
29-54
(Spring 1995)
Available at: https://scholarship.law.duke.edu/lcp/vol58/iss2/3