CPLC seminar: 'Rights of Action in Private Law: Paradigms, Exceptions and Justifications'

Speaker: Professor Kit Barker (The University of Queensland)

This paper – adapted from a chapter in a forthcoming book on enforcement rights - builds on important recent work on standing in private law conducted by Tim Liau and others. It examines the basic paradigm according to which rights of action (liberties and powers to initiate an action before a court of law) are allocated in private law to primary right-holders, exceptions to the paradigm, and the various possible justifications both for the paradigm itself and the exceptions. In doing this, it further unpacks the relationship between primary rights, secondary rights and enforcement rights across a range of private law fields such as the law of contract, trusts and tort. It also asks what the implications might be for a private enforcer’s right of action (and remedial rights) in cases in which the enforcer claims exemplary damages, if we were to take the public interest function that is claimed for such awards

Drinks and nibbles served in the Basement from 7 pm.

Open to Faculty members, visitors, invitees and LLM/MCL/PhD students.

We hope that you can make it to these exciting events: Peter Candy, Poorna Mysoor, Eugene Shevchuk, Fleur Stolker (Convenors)