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Civil Wrongs and Justice in Private Law - Oxford Scholarship Online
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Civil Wrongs and Justice in Private Law

Paul B. Miller and John Oberdiek

Abstract

Civil wrongs occupy a significant place in private law. They are particularly prominent in tort law, but equally have a place in contract law, property and intellectual property law, unjust enrichment, fiduciary law, and in equity more broadly. For example, some tort theorists maintain that tort law is best understood as a (or perhaps the) law of civil wrongs, and some contract law theorists maintain that breach of contract is a civil wrong. Civil wrongs are also a preoccupation of leading general theories of private law, including corrective justice and civil recourse theories. According to t ... More

Keywords: civil wrongs, tort law, contract law, equity, corrective justice, civil recourse theories, unjust enrichment, fiduciary law

Bibliographic Information

Print publication date: 2020 Print ISBN-13: 9780190865269
Published to Oxford Scholarship Online: July 2020 DOI:10.1093/oso/9780190865269.001.0001

Authors

Affiliations are at time of print publication.

Paul B. Miller, editor
Professor of Law, Associate Dean for International and Graduate Programs, and Director of the Program on Private Law, Notre Dame University Law School

John Oberdiek, editor
Professor of Law and Co-Director of the Institute for Law and Philosophy, Rutgers University Law School

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Contents

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Part I Civil Wrongs and the Foundations of Private Law

1 The Roles of Rights

David Owens

3 The Relevance of Wrongs

Andrew S. Gold*

4 The Remainder

Ori J. Herstein*

Part II Rights, Wrongs, and Procedure

Part III Civil Wrongs and Remedies

9 Secondary Duties

Victor Tadros*

10 What Do We Remedy?

Nicolas Cornell

11 Tort Remedies as Meaningful Responses to Wrongdoing

María Guadalupe Martínez Alles*

Part IV Civil Wrongs In Tort Law

15 Torts Against the State

Paul B. Miller and Jeffrey A. Pojanowski*

16 Is Tort Law “Private”?

Gregory C. Keating*

Part V Civil Wrongs in Property Law

19 Owning Bad

Lee Anne Fennell*

Part VI Tort, Crime, and Contract

21 Vosburg v. Baxendale

John C.P. Goldberg and Benjamin C. Zipursky

End Matter