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

Standing in Private Law: Powers of Enforcement in the Law of Obligations and Trusts argues that standing is a distinct and separable private law concept that should be distinguished more clearly from a right. It examines the justifiability of an implicit standing rule across the law of obligations and shows how recognizing standing's distinctiveness can help us interpret, develop, and resolve debates within different areas of private law.

Format: Hardback
Length: 368 pages
Publication date: 21 July 2023
Publisher: Oxford University Press

The concept of standing, as a power to hold another accountable before a court as a distinct private law concept, is explored in depth in Standing in Private Law: Powers of Enforcement in the Law of Obligations and Trusts. Prominent lawyers have argued that private law does not have or need standing rules, but this assertion seems implausible. If private law is obligation-imposing, we need rules about who can sue on these obligations to hold their bearers accountable.

Standing has been relatively overlooked and under-conceptualized, receiving meagre attention from private lawyers, partly due to its obscurity. 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 the 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 recognizing standing's distinctiveness can help us 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.

In conclusion, Standing in Private Law: Powers of Enforcement in the Law of Obligations and Trusts provides a valuable contribution to the study of private law. It highlights the importance of standing as a distinct private law concept and argues for its recognition and development within the law. By examining the justifiability of standing and its implications for different areas of private law, this book offers insights into the ongoing evolution of private law doctrine and its role in resolving legal disputes.

Dimension: 234 x 156 (mm)
ISBN-13: 9780192869661