Private Law and the Value of Choice

Emmanuel Voyiakis is an associate professor at the LSE Law Department.

• 1. Private Law and the Burden of Repair I. Original Burdens and Burdens of Repair II. A ‘Direct’ Account of the Burden of Repair III. The Significance of Wrongfulness IV. Repair Without Wrongfulness or Corrective Justice2. Responsibility, but the Right Kind I. Substantive and Attributive Responsibility II. Private Law Principles as Allocations of Substantive Responsibilities III. Some Implications of the Attributive/Substantive Divide IV. A Progress Report 3. Choice and Responsibility I. The Value of Choice and the Asymmetry between Benefits and Burdens II. Making a Choice vs having a Choice III. Two Sets of Objections IV. From the Value-of-choice Account to Models of Private Law 4. Protection Against the Burden of Repair I. Why Protection? II. Protection as a ‘Bail Out’ and as a Condition of Responsibility III. Protection as a Condition of Responsibility: A PreviewIV. Working Examples and Variations V. The Protection Principle VI. Comparing Notes: Other Accounts of Contributory Negligence VII. Protection and the ‘Background Conditions’ of Choice 5. Avoidability I. Exercise of Care as an Objection to Liability II. Rylands v Fletcher and Doing Things on One’s Own Terms III. Limited Capacities and the Standard of Care IV. Negligence Liability and the UK SARAH Act 2015 V. Conclusion 6. Contracts and the Social Structure I. The Classical Story and Its Limitations: Scanlon’s EL and EF Principles II. A Structure-sensitive Alternative: The EFS Principle III. Three Objections IV. Contract Doctrine in the Light of the EFS Principle V. ‘Fair Terms’, Justice, and Opportunity 7. Vicarious Liability I. Participation and Placement II. The Significance of Placement III. Participation and Attribution IV. An Illustration: Vicarious Liability for the Use of CarsV. Vicarious Liability as Protection VI. Liability for Protection vs Direct Liability VII. Conclusion