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

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Timothy Liau (Assistant Professor in Private Law, Assistant Professor in Private Law, London School of Economics and Political Science)

Standing in Private Law

Powers of Enforcement in the Law of Obligations and Trusts

Timothy Liau (Assistant Professor in Private Law, Assistant Professor in Private Law, London School of Economics and Political Science)

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English

Oxford University Press
13 October 2023

Law; Jurisprudence & philosophy of law; Civil procedure, litigation & dispute resolution; Private & Civil law: general works

Series: Oxford Private Law Theory

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.

By: Timothy Liau (Assistant Professor in Private Law Assistant Professor in Private Law London School of Economics and Political Science)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 240mm, Width: 165mm, Spine: 25mm
Weight: 666g
ISBN: 9780192869661
ISBN 10: 0192869663
Series: Oxford Private Law Theory
Pages: 368
Publication Date: 13 October 2023
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

Table of Cases Table of Legislation 1: Introduction I. CONCEPTUALIZING 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 Someone Else III. JUSTIFYING STANDING 11: Justifying the General Standing Rule 12: Right-less Enforcers: Standing without Rights Bibliography Index

Timothy Liau is an Assistant Professor in Private Law at the London School of Economics and Political Science. He previously held the position of Assistant Professor at the National University of Singapore (NUS), and prior to that, Stipendiary Lecturer in Law at Merton College, Oxford. He holds an LLB from NUS, where he was top First and Lee Kuan Yew Gold Medallist. He did his postgraduate studies at the University of Oxford as a Clarendon Scholar, and Graduate Prize Scholar at Merton College, reading for the Bachelor of Civil Law (BCL), MPhil, and DPhil, while also teaching Commercial Remedies on the BCL.

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

Standing in Private Law is a ground-breaking work, shining a light upon the neglected private law standing rules and urging a clarity of thought from which the developed public law standing rules might also benefit. It is a work of deep theory, building upon the writing of some of the great legal theorists of the 20th and 21st centuries...The understanding that Dr Liau encourages will have significant effects on private law legal doctrine. * The Hon James Edelman, Justice of the High Court of Australia * This is not a voluminous book. However, each chapter is packed with in-depth analysis of theories and doctrines...This book might be best placed in an academic setting. * Law Society Gazette *