Please use this identifier to cite or link to this item: http://buratest.brunel.ac.uk/handle/2438/3987
Title: Liabilities in private law
Authors: Jaffey, P
Issue Date: 2008
Publisher: Cambridge University Press
Citation: Legal Theory. 14: 233–255
Abstract: 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.
URI: http://bura.brunel.ac.uk/handle/2438/3987
http://journals.cambridge.org/action/displayAbstract?fromPage=online&aid=2925196
Appears in Collections:Law
Dept of Politics, History and Law Research Papers

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