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From Personal Life to Private Law$
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John Gardner

Print publication date: 2018

Print ISBN-13: 9780198818755

Published to Oxford Scholarship Online: May 2018

DOI: 10.1093/oso/9780198818755.001.0001

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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: 10 April 2021

It’s Not About the Money

It’s Not About the Money

Chapter:
(p.88) 3 It’s Not About the Money
Source:
From Personal Life to Private Law
Author(s):

John Gardner

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198818755.003.0004

This chapter turns to the case in favour of the wrongdoer repairing the losses that they caused to the person wronged. The literature on repair by wrongdoers often emphasizes reconciliation, although the chapter questions this emphasis. It asks if reconciliation is always desirable and, if so, why repair by the wrongdoer of losses that were caused by the wrongdoer is an effective way to achieve it. There must be an independent case for such repair that makes it a suitable strategy of reconciliation. The chapter advances such an independent case, namely the case that, by repairing the losses the wrongdoer caused, they come closer to doing what they should have done in the first place. More precisely they conform, as far as can still be done, to reasons that they did not conform to when they failed in their duty.

Keywords:   loss, reparation, reconciliation, fallback duty, duty of repair, remedies for wrongdoing

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