Private Law and the Value of Choice.

Intro -- Acknowledgements -- Table of Contents -- Introduction -- 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 Justice -- 2 -- 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 Preview -- IV. 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 Cars -- V. Vicarious Liability as Protection -- VI. Liability for Protection vs Direct Liability -- VII. Conclusion -- Conclusion -- Index.

Voyiakis argues that private law aims to articulate acceptable principles as to when our institutions can hold agents accountable for their choices.

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Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2024. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.