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UID:20260525T215744EDT-74751WKkL1@132.216.98.100
DTSTAMP:20260526T015744Z
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\, McGill University.  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 McGill University. He is currently leading the My
 ko project.\n\n \n
DTSTART:20220121T180000Z
DTEND:20220121T194500Z
LOCATION:Zoom
SUMMARY:Vicarious Liability Deconfines Private Law
URL:https://www.mcgill.ca/law/channels/event/vicarious-liability-deconfines
 -private-law-336471
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