ABSTRACT
This paper addresses one of the central questions in the law of torts: what is the relationship between the primary duty and the secondary (or remedial) duty? The two dominant answers to that question (the continuity thesis and the identity thesis) stand in a complex relationship that is not yet fully understood and, as a result, the arguments for and against each thesis are muddled. The paper clarifies each thesis, defends each rival against objections that have been levelled against them and, at the end, present reasons why an original version of the continuity thesis offers a better framework within which to understand the relationship between primary and remedial duty.
Michelon, Claudio, Primary Duty = Secondary Duty? (February 11, 2022). Edinburgh School of Law Research Paper No 2022/02.
First posted 2022-02-12 16:00:20
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