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Civil Wrongs and Justice in Private Law$
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Paul B. Miller and John Oberdiek

Print publication date: 2020

Print ISBN-13: 9780190865269

Published to Oxford Scholarship Online: July 2020

DOI: 10.1093/oso/9780190865269.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 23 June 2021

Losing the Right to Assert You’ve Been Wronged: A Study in Conceptual Chaos?

Losing the Right to Assert You’ve Been Wronged: A Study in Conceptual Chaos?

(p.111) 6 Losing the Right to Assert You’ve Been Wronged: A Study in Conceptual Chaos?
Civil Wrongs and Justice in Private Law

Kimberly Kessler Ferzan

Oxford University Press

This chapter addresses consent and estoppel, raising questions about their meaning, implications, and justification. It disentangles various bases on which one could lose the right to redress for a civil wrong. One such basis is that an individual actually or apparently consented to conduct an act that would, but for consent, be wrongful. But this chapter cautions that it is important to recognize that apparent consent is not a form of consent. Another basis upon which a right to redress can be lost is where an underlying primary right is deemed forfeited though the right-holder’s insincere act, as where duty-holders are duped into committing a wrong because the “victim” seeks a valued remedy. Finally, this chapter explains that the overbroad rubric of estoppel conceals at least three other distinct bases on which the exercise of a right to redress may be varied or suspended.

Keywords:   estoppel, consent, apparent cons, redress, insincerity

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