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UID:20250922T224324EDT-5676Lskx81@132.216.98.100
DTSTAMP:20250923T024324Z
DESCRIPTION:Common law and civil law jurists seek to make clear what privat
 e law\, and the law of extracontractual liability in particular\, is confi
 ned to performing and doing. Famously Oliver Wendall Holmes\, in The Commo
 n Law (1881) had stated that “The general principle of our law is that los
 s from accident must lie where it falls\, and this principle is not affect
 ed by the fact that a human being is the instrument of misfortune.” In thi
 s way he confined the very possibility of compensation through the notion 
 that as a general matter it should not arise. Civilians confine the operat
 ion of the private law somewhat differently by viewing obligations as gene
 rally contractual – operating by the consent of those bound by them – and 
 only exceptionally extending extra-contractually. But one way or the other
 \, vicarious liability allows us to observe the private law deconfining it
 s conception of fault in order to take account of the risk that moral pers
 ons create. In particular\, the Supreme Court of Canada’s appeal to “publi
 c policy” in order to do so provides a point of entry into the deconfineme
 nt of private law.\n\nJoin us.\n\n \n\nAbout \n\nRichard Janda is Associat
 e Professor at the Faculty of Law\, 91����.  He teaches extraco
 ntractual obligations\, business associations\, administrative process and
  environmental law. A former clerk to Justices Le Dain and Cory of the Sup
 reme Court of Canada\, he was also Director of the Center for the Study of
  Regulated Industries at 91����. He is currently leading the My
 ko project.\n\n \n
DTSTART:20220121T180000Z
DTEND:20220121T194500Z
LOCATION:Zoom
SUMMARY:Vicarious Liability Deconfines Private Law
URL:/law/channels/event/vicarious-liability-deconfines
 -private-law-336471
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