Primary duty/secondary duty?

Research output: Chapter in Book/Report/Conference proceedingChapter (peer-reviewed)peer-review

Abstract / Description of output

This paper addresses one of the central questions in the law of torts: what is the relationship between the primary duty and the secondary (or remedial) duty? The two dominant answers to that question (the continuity thesis and the identity thesis) stand in a complex relationship that is not yet fully understood and, as a result, the arguments for and against each thesis are muddled. The paper clarifies each thesis, defends each rival against objections that have been levelled against them and, at the end, present reasons why an original version of the continuity thesis offers a better framework within which to understand the relationship between primary and remedial duty.
Original languageEnglish
Title of host publicationPrivate Law and Practical Reason
Subtitle of host publicationEssays on John Gardner's Private Law Theory
EditorsHaris Psarras, Sandy Steel
Place of PublicationOxford
PublisherOxford University Press
ISBN (Print)9780192857330
Publication statusPublished - 30 Mar 2023

Publication series

NameOxford Private Law Theory
PublisherOxford University Press

Keywords / Materials (for Non-textual outputs)

  • delict
  • remedial duty
  • primary duty (tort)
  • wrong (tort)
  • tort
  • law
  • private law


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