Media - News
- Media
- Presentation: SLS Annual Seminar for 2021 (Asst Professor Timothy Liau)
Presentation: SLS Annual Seminar for 2021 (Asst Professor Timothy Liau)
PLRG member, Assistant Professor Timothy Liau will present his paper, “Private Law’s Remedial Structure: Claimant Standing, Defendant Liabilities, and Court Orders” at The SLS Annual Seminar for 2021 – New Directions in Private Law Theory hosted by the Faculty of Laws, UCL (11- 12 November 2021). The conference will cover a wide range of topics in private law theory, exploring concepts employed both within and across recognised divisions of private law (contract, tort, unjust enrichment, and property) as well as the interplay between these divisions and other areas of law. The contributions come from a diverse and inclusive range of early career scholars who bring new perspectives to bear on issues arising in private law by drawing on philosophy and other disciplines in the humanities and social science.
Paper Abstract
Standing is a well-recognised idea in public law. Yet, to the private lawyer working within the law of obligations, it remains a relatively neglected concept. Standing seems to have gone missing. To rehabilitate standing from relative obscurity it first needs to be distinguished from neighbouring related concepts that could occlude it from view. This article deals with one such concept. Its central claim is that standing, a power of the claimant, needs to be better differentiated from the court’s powers to issue orders. Both are significant, and neither power should be collapsed into the other. This is crucial to carving out the necessary conceptual space for a deeper understanding of standing’s place and significance within the remedial structure of private law.
The Working Paper is available at:
NUS Law Working Paper No. 2021/012
SSRN
https://ssrn.com/abstract=3872532 or http://dx.doi.org/10.2139/ssrn.3872532