Category Archives: Negligence

‘Compensating Distress With A Stiff Upper Lip’

Eric Descheemaeker, Rationalising Recovery for Emotional Harm in Tort Law, 134 Law Quarterly Review 602 (2018). Tort compensation is often said to be governed by the make-whole principle – damages should compensate the successful plaintiff for all the losses she suffered as a result of the tort. Even if there is such a principle, it […]

Tom Cornford, ‘The Negligence Liability of Public Authorities for Omissions’

ABSTRACT In this article I address the question of whether the omissions principle – the principle that the common law does not impose liability for omissions – applies with the same force in negligence cases involving public authority defendants as in cases involving private defendants. My argument is that the answer depends upon the answer […]

Joshua Teitelbaum, ‘Computational Complexity and Tort Deterrence’

ABSTRACT Standard economic models of tort deterrence assume that a tortfeasor’s precaution set is convex – usually the non-negative real numbers, interpreted as the set of feasible levels of spending on safety. In reality, however, the precaution set is often discrete. A good example is the problem of complex product design (eg, the Boeing 737 […]

‘Book Review, The Statutory Foundations of Negligence by Mark Leeming (2019)’

INTRODUCTION The title of this book, The Statutory Foundations of Negligence, may seem surprising to those afficionados of negligence who are used to thinking of it as a common law concept that has been intruded upon by statute in recent years. This timely and significant book discusses not only the historical foundations of negligence in […]

‘AWPLN: Fifth post for 2019: News and Publications’

“We are up to our penultimate post for 2019! Publications: We have become aware of the following publications in private law: Renae Barker and Robyn Carroll, ‘How might an apology feature in the new religious freedom bill?’ The Conversation (10 September 2019); …” (more) [Australian Women’s Private Law Network, 5 November]

Vladislava Stoyanova, ‘Common law tort of negligence as a tool for deconstructing positive obligations under the European convention on human rights’

ABSTRACT This article examines how the common law tort of negligence can provide a helpful guidance for deconstructing and elucidating some of the disparate analytical issues that are subsumed under the umbrella of positive obligations under the European Convention on Human Rights (ECHR). Both frameworks, the common law and ECHR, aim to delimit the circumstances […]

Alexandra Moore, ‘ACC for the Cows? Analysing How Best to Deal with the Losses Caused by Biosecurity Breaches’

ABSTRACT Since 2010, New Zealand has suffered a number of biosecurity breach events causing losses to primary industries. The response decisions from the Ministry for Primary Industries have had huge impacts on different sectors ability to recover their losses. This paper considers the current approach to recovering financial losses caused by biosecurity breaches. It evaluates […]

Martin Allcock, ‘A corrective justice justification for considering the response of the hypothetical person of an “ordinary level of susceptibility” when assessing reasonable foreseeability in cases involving negligently inflicted psychiatric injury’

ABSTRACT The law has long been concerned with limiting recovery for pure psychiatric injury in negligence in order to prevent liability to plaintiffs who are unusually susceptible to this type of injury. The justifications provided by courts for this concern have often centred on the idea that holding a defendant liable to such a plaintiff […]

Luke Haqq, ‘The Impact of Roe on Prenatal Tort Litigation: On the Public Policy of Unexpected Children’

ABSTRACT This article provides a history of especial importance to abortion politics today, based on research involving a dataset of over 1,200 wrongful conception, wrongful birth, wrongful life, and standard torts for prenatal injuries. In documenting the rise of these torts over the twentieth century, I specifically focus on how this domain of litigation dramatically […]

Dembour, Turner and Barrow, ‘When are occupiers in breach of their duty of care? The advantages of a systematic test’

ABSTRACT Sixty years have passed since occupiers in England and Wales were placed under a statutory duty to keep visitors to occupied premises reasonably safe. The legislation, however, did not detail the exact operation of this duty of care. The case law, expected to fill in the gaps, has arguably developed without sufficient consistency and/or […]