Final+Jaffey+Revised+Liabilities+in+private+law.pdf (316.73 kB)
LIABILITIES IN PRIVATE LAW
journal contribution
posted on 2019-10-15, 10:26 authored by Peter JaffeyThis article elaborates upon and defends the distinction between “primary duty” claims and “primary liability” claims in private law introduced in a previous article. In particular, I discuss the relevance of the distinction to the debates over fault and strict liability and “duty skepticism” and to the relationship between primary and remedial rights. I argue that the tendency to assume that all claims in private law arise from a breach of duty is a source of error and confusion. As a prelude to the discussion, I set out an analysis of a claim or remedial right in private law as a Hohfeldian power correlated with a remedial liability. I also consider whether primary-liability claims can be formulated in terms of the legal relations found in Wesley Hohfeld's scheme, and I make some general comments about Hohfeldian analysis.
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Citation
Legal Theory, 2008, 14 (04), pp. 233-233Author affiliation
/Organisation/COLLEGE OF SOCIAL SCIENCES, ARTS AND HUMANITIES/Leicester Law SchoolVersion
- AM (Accepted Manuscript)
Published in
Legal TheoryPublisher
Cambridge University Press (CUP)issn
1352-3252eissn
1469-8048Copyright date
2008Available date
2019-10-15Publisher DOI
Publisher version
https://www.cambridge.org/core/journals/legal-theory/article/liabilities-in-private-law/908E2FD11ECEA3AC6F712FE41D4AC55ALanguage
enAdministrator link
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