Rights, Damage and Loss
(2017) 37 Oxford Journal of Legal Studies 252-275
20 Pages Posted: 30 Jun 2018
Date Written: June 1, 2017
This article is an exploration of the relationship between the concepts of rights, damage and loss. The focus of the analysis is on the law of negligence, though some of the claims have wider ramifications. The article is divided into three main parts, with each part centred around a different relationship: first, the relationship between rights and damage; second, the relationship between rights and loss; and third, the relationship between damage and loss. In each of these three parts, a separate, but related, claim is made: (1) that a concept of damage is a necessary component of a plausible rights-based conception of negligence law; (2) that a right not to suffer loss is conceptually impossible; and (3) that damage and loss are fundamentally different concepts.
Keywords: Private Law, Tort Law, Negligence, Rights, Damage, Loss
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