ABSTRACT
This chapter was written in honour of Stephen A Smith, and discusses a number of different liabilities that cannot be said either to arise out of the breach of a duty owed to another or to give effect to a duty that is owed to another. The chapter discusses the characteristic reasons that give rise to these liabilities (to promote social good, or the legitimacy of private law, or virtuous behaviour) and the significance of these liabilities for our understanding of private law.
McBride, Nicholas, Free-Standing Liabilities (July 24, 2023), University of Cambridge Faculty of Law Research Paper; in Evan Fox-Decent, John Goldberg and Lionel Smith (eds), Understanding Private Law: Essays in Honour of Stephen A Smith (Hart Publishing, 2025).
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