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Standing in Private Law: Powers of Enforcement in the Law of Obligations and Trusts


ISBN13: 9780192869661
Published: July 2023
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £110.00



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Standing in Private Law: Powers of Enforcement in the Law of Obligations and Trusts develops the idea that we should attend more to 'standing', conceived as a power to hold another accountable before a court as a distinct private law concept. Prominent lawyers have claimed that private law does not have or need standing rules, yet this seems implausible. If private law is obligation-imposing, we need rules about who can sue on these obligations to hold their bearers accountable. This book argues that a reason why standing has been relatively overlooked and under-conceptualized, receiving meagre attention from private lawyers, is because it has been obscured from plain sight: it has been swallowed up by the more dominant and capacious concept of a 'right'. However, standing is a distinct and separable private law concept that can and should be distinguished more clearly from 'right'. Doing so is necessary for the continued rational development of private law doctrine. It is also necessary for a deeper theoretical understanding of standing's significance, and its place within the remedial apparatus of private law. This book argues that an implicit standing rule exists across the law of obligations. It examines its justifiability, and the justifiability of exceptions to the rule. It also shows how and why recognising standing's distinctiveness can help us to interpret, develop, and resolve debates within different areas of private law, including the laws of contract, torts, unjust enrichments, and relatedly, the law of trusts.

Subjects:
Contract Law, Equity and Trusts
Contents:
Preface
1:Introduction
I. Conceptualising Standing
2:Foundations and Method
3:Standing Defined and Distinguished
4:Claimant Standing, Defendant Liabilities, and Court Orders
5:Standing Rules
II. Standing's Doctrinal Distinctiveness
6:Contract: Privity's Multiple Aspects
7:Contract: Reforming Privity
8:Unjust Enrichment: A 'Special' Equitable Action
9:Unjust Enrichment: Analogies with Trusts Law
10:Deriving 'Rights of Action' From a Tort to Another
III. Justifying Standing
11:Justifying the General Standing Rule
12:Right-less Enforcers: Standing without Rights