Category Archives: Remedies

‘Studying Specific Performance’

Yonathan A Arbel, Contract Remedies in Action: Specific Performance, 118 West Virginia Law Review 100 (2015), available at SSRN. Parties that have a right to the very thing promised in a contract may opt not to have it delivered by the breaching party through specific performance. Even when the promised item is unique, the plaintiff […]

Juergen Backhaus, ‘Lawyers’ economics versus economic analysis of law: a critique of professor Posner’s “economic” approach to law by reference to a case concerning damages for loss of earning capacity’

Abstract: A methodological critique of the Chicago School of legal economic analysis, in particular Posner’s approach, is illustrated by an example characterizing Chicago-type ‘analysis of law’. Although the discussion of the example referred to may be interesting in its own right, its purpose here is to suggest a more general framework of criticism in order […]

Sabrina Safrin, ‘The C-Section Epidemic: What’s Tort Reform Got to Do with It?’

Abstract: Today one in three babies in the United States comes into the world by cesarean section. The cesarean section has become the most commonly performed operating room procedure in the United States. Conventional wisdom holds that malpractice liability bears primary responsibility for the cesarean section epidemic and that tort reform, which caps physician liability, […]

Patrick Borchers, ‘How “International” Should a Third Conflicts Restatement Be in Tort and Contract?’

Introduction: The question on the floor, I take it, is whether in drafting the Third Conflicts Restatement special considerations (or perhaps even rules) should come into play in tort and contract conflicts cases in which the involved jurisdictions are not all states of the United States. This is a question that — in my view […]

Lynn Baker, ‘Mass Torts and the Pursuit of Ethical Finality’

Abstract: Judges, lawyers, and academics largely agree that comprehensive finality is a central goal of mass tort litigation and settlements. More controversial is whether such finality is normatively preferable, inherently ethically problematic, or can be achieved through non-class aggregate settlements without running afoul of the existing ethics rules. This Article joins this important debate. Part […]

‘Damages and compensation for invasion of privacy and data protection infringements’

“The saga in Bollea v Gawker shows two remedies for invasion of privacy. Hulk Hogan (real name, Terry Gene Bollea), is a former professional wrestler and American television personality. Gawker was a celebrity news and gossip blog based in New York. In October 2012, Gawker posted portions of a secretly-recorded video of Hogan having sex […]

Jessica Hudson, ‘The Price of Coherence in Estoppels’

Abstract: Various reform proposals have been suggested in respect of common law estoppels and equitable estoppels in the pursuit of coherence between doctrine and norm. Before any decisive steps are taken, it is important to be sure of the true normative foundations informing common law estoppels. This article offers an alternative account of those foundations, […]

International Journal of the Legal Profession – special number on Legal Malpractice

International Journal of the Legal Profession, Volume 24, Issue 2, July 2017 is now available – special number on Legal Malpractice. € Editorial (Herbert M Kritzer) Lawyers’ professional liability: comparative perspectives (Herbert M Kritzer) Understanding lawyer default in England and Wales: an analysis of insurance and complaints data (Andrew Boon) Making lawyers pay for malpractice […]

Eric Andrews, ‘Lex Punit Mendacium: punitive damages and Bhasin v Hrynew

Abstract: Punitive damages are a controversial remedy in Canadian and non-Canadian law. Some scholars have gone so far as to argue that punitive damages are entirely inconsistent with the goals and principles of private law and ought to be abolished. Notwithstanding these criticisms, the Supreme Court of Canada has treated punitive damages as a relatively […]

Avraham and Yuracko, ‘Torts and Discrimination’

Abstract: Current tort law contains incentives to target individuals and communities based on race and gender. Surprisingly, the basis for such targeting is the seemingly neutral use of three different race- and gender-based statistical tables (for wages, life expectancy, and worklife expectancy) which, when used in tort damage calculations, result in a great disparity between […]