Jump to ContentJump to Main Navigation
Torts and Rights$
Users without a subscription are not able to see the full content.

Robert Stevens

Print publication date: 2007

Print ISBN-13: 9780199211609

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199211609.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 12 November 2019

Privity

Privity

Chapter:
(p.173) 8 Privity
Source:
Torts and Rights
Author(s):

Robert Stevens

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199211609.003.0008

The only person who can enforce a right is the right-holder, and persons who suffer loss because of the infringement of someone else's right do not have standing to sue. So, if a parent is negligently injured — her child has no standing; a husband has no claim for loss suffered as a result of the defamation of his wife; and if a nuisance disturbs the quiet enjoyment of land, only someone with a property right in the land which is infringed may claim. This chapter considers in detail the exceptions to this fundamental principle, and considers whether they can be justified. Fatal accidents, disappointed legatees, latent damage, congenital disabilities, public nuisance, and causing loss by unlawful means are each considered in detail. Further, damages are awarded solely to compensate for loss suffered by the claimant, not by third parties. How collateral benefits should be dealt with, and the interaction between the law of torts and principles of unjust enrichment, are then revealed.

Keywords:   privity, fatal accidents, disappointed legatees, latent damage, congenital disabilities, public nuisance, collateral benefits, unjust enrichment

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .