Category Archives: Remedies

Hugh Davis, ‘The Problems with Amann: Would an Agreement-Centred Approach to Remoteness Benefit Australian Jurisprudence?’

Abstract The agreement-centred approach to assessing damages for breach of contract formulated by Lord Hoffmann in The Achilleas dovetails neatly with the modern approach to contractual interpretation. In this paper, I will seek to analyse and expose what I respectfully submit are shortcomings in the joint judgment of Mason and Dawson JJ in Amann and […]

‘Dutch collective redress dangerous? A call for a more nuanced approach’

“The Netherlands has become dangerously involved in the treatment of mass claims, Lisa Rickard from the US Chamber of Commerce recently said to the Dutch financial daily (Het Financieele Dagblad, 28 September 2017) and the Dutch BNR newsradio (broadcast of 28 September 2017). This statement follows the conclusions of two reports published in March and […]

‘Compensation for breach of the proposed ePrivacy Regulation’

“Parallel to my interest in compensation for breach of the General Data Protection Regulation [GDPR; Regulation (EU) 2016/679], I am also interested in the question of compensation for breach of the proposed ePrivacy Regulation (hereafter: pePR; see, eg, the EU Commission’s proposal for a Regulation on Privacy and Electronic Communications). Article 22 of the Commission’s […]

Christine Beuermann, ‘Vicarious liability: a case study in the failure of general principles?’

Introduction Are cases to be determined from the ‘bottom-up’, by reference to specific principles derived from the facts of decided cases, or from the ‘top-down’, by reference to more general principles found within the legal system? This dilemma is not unique to vicarious liability but is of particular significance given the long-standing failure of the […]

Joanne Blennerhassett, ‘Mass Environmental Harm – in Principle’

Abstract: Environmental harm is a diverse problem. It can arise in various forms, ranging from environmental disasters causing pollution, to environmental nuisances. Almost by definition environmental harm often affects many and may cause widespread damage, as a result of which it becomes mass environmental harm. Such harm is an inevitable by-product of modern living in […]

Ronen Perry, ‘Crowdfunding Civil Justice’

Abstract: Crowdfunding – the aggregation of numerous but modest individual contributions through specialized online platforms – is a relatively new finance method. In the last few years, it has started its incursion into the realm of civil litigation funding. Three unrelated events, which took place in different jurisdictions in 2017, demonstrate this evolving trend and […]

Samuel Bray, ‘Remedies, Meet Economics; Economics, Meet Remedies’

Abstract: One would expect the fields of ‘law and economics’ and ‘remedies’ to have substantial interaction. But scholars in each field largely ignore those in the other. Thus law and economics scholars blunder in their description of the law of remedies, and remedies scholars are cut off from economic insights. For scholars who are in […]

Anita Bernstein, ‘Rape is Trespass’

Abstract: By furnishing new blackletter on battery, assault, and false imprisonment, Restatement (Third) of Torts: Intentional Torts to Persons provides illustrations of what the medieval writ of Trespass once remedied. All three causes of action restated in this Restatement derive from the trespass writ, as do other modern doctrines that fall under intentional torts to […]

Punitive Damages in Italian Law – Corte di Cassazione 5 July 2017 no 16601

Abstract: In the current legal system, the purpose of civil liability law is not just to make the victim of a tort whole again, since the functions of deterrence and punishment are also inherent in the system. The American doctrine of punitive damages is therefore not ontologically contrary to the Italian legal system. However, the […]

Carsten Ullrich, ‘Standards for Duty of Care? Debating Intermediary Liability from a Sectoral Perspective’

Abstract: The EU’s current regulatory framework for the content liability of online intermediaries was created in 2000 with the Ecommerce Directive (ECD). Already in those days, during the run-up to the ECD, there was an intense debate regarding whether a light-touch approach or more stringent content liability regime for intermediaries would be the appropriate way […]