* York Law School, University of York. Thanks are due to Ed Bates, Alex Conte, and Laurence Lustgarten for their helpful advice in the early stages of preparing this paper. A version of the paper was presented at “Obligations IV: The Goals of Private Law”, Singapore, July 2008, and thanks are due to the participants for their comments in discussion. I gratefully acknowledge the assistance of the British Academy through the award of an Overseas Conference Attendance Grant which supported my attendance. Particular thanks to Jason Varuhas for generous and astute comments on a draft. Responsibility for views and errors is the author's own.
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