Damages without duty
Bibliographic Data
| ID | 10854170 |
|---|---|
| Authors | John Gardner (0000-0001-7417-348X, All Souls College, University of Oxford, corresponding author) |
| Year | 2019 |
| Volume | 69 |
| Issue | 4 |
| Pages | 412-420 |
| Publication date | 2019-08-01 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | University of Toronto Law Journal (JOURNAL) |
| Journal identifiers | ISSN: 0042-0220 • E-ISSN: 1710-1174 |
| Publisher | University of Toronto Press Inc. (UTPress) (PUBLISHER) |
| DOI | 10.3138/utlj.2019-05-22 |
| OpenAlex | W2952608107 |
| Language | EN |
| References cited | 5 |
Stephen Smith argues against what he calls ‘the duty view’ of damages awards in private law. The duty view is the view according to which ‘damage[s] awards confirm existing legal duties to pay damages.’ I am credited with advancing ‘the most plausible’ version of the duty view – namely, the ‘inchoate duty view’ according to which the court makes determinate, by its award, what was up to then an indeterminate legal duty. I respond here by arguing that strictly there is no such thing as a liability to pay damages. It is a liability to be required to pay (a specified sum in) damages
Business · Damages · Duty · Economics · Law and economics · Political science · Free Will and Agency · Law · Law, Economics, and Judicial Systems · Legal principles and applications
| Citation velocity | historical |
|---|---|
| Highly cited | No |