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LIABILITIES IN PRIVATE LAW

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journal contribution
posted on 15.10.2019, 10:26 by Peter Jaffey
This 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. 233-233

Author affiliation

/Organisation/COLLEGE OF SOCIAL SCIENCES, ARTS AND HUMANITIES/Leicester Law School

Version

AM (Accepted Manuscript)

Published in

Legal Theory

Publisher

Cambridge University Press (CUP)

issn

1352-3252

eissn

1469-8048

Copyright date

2008

Available date

15/10/2019

Publisher version

https://www.cambridge.org/core/journals/legal-theory/article/liabilities-in-private-law/908E2FD11ECEA3AC6F712FE41D4AC55A

Language

en

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