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This book develops the idea that standing is a distinct and separable private law concept that can and should be distinguished more clearly from the more dominant concept of a 'right.' By recognising standing's distinctiveness, debates within private law theory, including torts, unjust enrichment and trusts, are informed and contributed to.
List of contents
- Table of Cases
- Table of Legislation
- 1: Introduction
- I. CONCEPTUALIZING STANDING
- 2: Foundations and Method
- 3: Standing Defined and Distinguished
- 4: Claimant Standing, Defendant Liabilities, and Court Orders
- 5: Standing Rules
- II. STANDING'S DOCTRINAL DISTINCTIVENESS
- 6: Contract: Privity's Multiple Aspects
- 7: Contract: Reforming Privity
- 8: Unjust Enrichment: A 'Special' Equitable Action
- 9: Unjust Enrichment: Analogies with Trusts Law
- 10: Deriving 'Rights of Action' from a Tort to Someone Else
- III. JUSTIFYING STANDING
- 11: Justifying the General Standing Rule
- 12: Right-less Enforcers: Standing without Rights
- Bibliography
- Index
About the author
Timothy Liau is an Assistant Professor in Private Law at the London School of Economics and Political Science. He previously held the position of Assistant Professor at the National University of Singapore (NUS), and prior to that, Stipendiary Lecturer in Law at Merton College, Oxford. He holds an LLB from NUS, where he was top First and Lee Kuan Yew Gold Medallist. He did his postgraduate studies at the University of Oxford as a Clarendon Scholar, and Graduate Prize Scholar at Merton College, reading for the Bachelor of Civil Law (BCL), MPhil, and DPhil, while also teaching Commercial Remedies on the BCL.
Summary
This book develops the idea that standing is a distinct and separable private law concept that can and should be distinguished more clearly from the more dominant concept of a 'right.' By recognising standing's distinctiveness, debates within private law theory, including torts, unjust enrichment and trusts, are informed and contributed to.
Additional text
That Standing in Private Law prompts these kinds of questions is, as I see it, a testament to its quality: it is what one expects genre-defining work to do. In a book launch earlier this year, one commentator remarked that Liau had, with this monograph, essentially "invented a new field". I doubt this is an overstatement. Standing in Private Law is a remarkable piece of work. It is elegant and erudite, and sure to enrich - or at least agitate - its reader's view of private law and its role within common law legal systems.
