Category Archives: Remedies

Richard Lewis, ‘Humanity in Tort: Does Personality Affect Personal Injury Litigation?’

Abstract This article examines whether the character of people involved in personal injury claims affects their outcome irrespective of the legal rules. For example, does the personality or background of the litigants or their lawyers influence whether an action succeeds and how much damages are then paid? A rise in the number of claims is […]

James Bailey, ‘Aggravated Damages or Additional Awards of Solatium: A Distinction without a Difference?’

Abstract What are aggravated damages? Can they be recovered under Scots law? These are questions which might cross the mind of a Scots lawyer upon noticing the label in a tort textbook or the English case reports. This article seeks to address these two questions, in addition to critically examining whether aggravated damages ought to […]

Yonathan Arbel, ‘Adminization: Gatekeeping Consumer Contracts’

Abstract Large companies and debt collectors frequently file unmeritorious claims against consumers. Recent high-profile actions brought by the Consumer Financial Protection Bureau against JP Morgan, Citibank, and other large debt collectors illustrate the breadth and importance of this phenomenon. Due to the limited financial power of individuals, consumers often do not defend against such baseless […]

Nathan Atkinson, ‘Designing Remedies to Compensate Plaintiffs for Unobservable Harms’

Abstract Despite the vast sums transferred through the legal system, the foundations of the procedures used to compensate plaintiffs for unobservable losses remain unclear. Standard remedies can compensate plaintiffs for unknown harms, but it is expensive to do so. Damage awards will generally undercompensate or overcompensate a plaintiff whose true harm is unknown, while equitable […]

Stephen Smith, ‘Rights-Threats, Wrongs and Injustices: The Common Law’s Causes of Action’

Abstract On what grounds are private law remedies awarded? This question has received surprisingly little attention from legal scholars. Although the circumstances in which particular kinds of remedies are awarded have been discussed in detail, there have been few attempts to draw general principles from these discussions. This essay attempts to fill this lacuna. Focusing […]

Burkhard Hess, ‘The Unsuitability of the Lugano Convention (2007) to Serve as a Bridge between the UK and the EU after Brexit’

Abstract This article explores whether the Lugano Convention might be the appropriate instrument for the judicial cooperation between the European Union and the United Kingdom after Brexit. It argues that the mechanism of the Protocol no 2 to the Lugano Convention, which provides for an obligation to ‘pay due account’ of the case law of […]

Terwindt, Leader, Yilmaz-Vastardis and Wright, ‘Supply Chain Liability: Pushing the Boundaries of the Common Law?’

Abstract On 29 August 2016, in a claim by Pakistani survivors and legal heirs against German retailer KiK for injuries and deaths during a fire at a factory supplying jeans in Karachi, German judges accepted jurisdiction and granted legal aid to the Pakistani claimants to cover the legal fees. The case pending before the German […]

Jan Smits, ‘The Phylogeny of the Unpaid Seller’s Right to Vindicate Goods: A Test Study’

Abstract This contribution applies computational phylogenetics, the quantitative study of the evolutionary history of organisms, to the vexed history of the price payment-rule. This rule makes the transfer of movable property dependent on the buyer’s payment of the price. The study provides a dataset of 56 variations of the price payment-rule from 41 different jurisdictions […]

Anidjar, Zamir and Katz, ‘Enforced Performance vs Damages: An Empirical Study’

Abstract Legal economists and other theoreticians continuously debate the pros and cons of specific performance as a remedy for breach of contract; and comparative-law scholars debate the extent to which legal systems actually diverge on this issue. Very few studies have used qualitative methods, vignette surveys, or incentivized lab experiments to empirically study the pertinent […]

Ronen Perry, ‘From Fault-Based to Strict Liability: A Case Study of an Overpraised Reform’

Abstract On September 25, 1976, the Israeli Road Accident Victims’ Compensation Act came into force. Prior to its enactment, road accident injuries were subject to the common law of torts, as codified in the Civil Wrongs Ordinance. The statutory reform was intended to achieve a social goal, namely securing prompt and satisfactory compensation to all […]