Private Law Theory

Rebecca Stone, ‘Private Liability without Wrongdoing’, University of Toronto Law Journal (forthcoming 2022), available at SSRN (October 19, 2021 draft). Rebecca Stone’s fascinating and superb ‘Private Liability without Wrongdoing’ addresses a fundamental question: What is the relationship between moral wrongdoing and private law liability? On the face of it, moral wrongdoing is neither necessary nor sufficient for private law liability in common law jurisdictions. Not necessary, one might think, because exacting, objective, ‘reasonable person’ standards result in liability when the legal duty-bearer could not have acted otherwise …” (more)

[Sandy Steel, JOTWELL, 17 June]

First posted 2022-06-18 07:45:32