Category Archives: Negligence

Stephen Todd, ‘Common law protection for injury to a person’s reproductive autonomy’

INTRODUCTION … Perhaps it would be possible to bring a greater degree of order and consistency of principle into this field of law than has been achieved so far. With this general aim in mind, the inquiry at the heart of this article is whether or how far the courts ought to uphold an action […]

Eric Descheemaeker, ‘Rationalising Recovery for Emotional Harm in Tort Law’

ABSTRACT The recovery of emotional harm – mental distress in the widest sense of the term – has long bedevilled the law of tort. Whereas the compensation of financial loss appears systematic and grounded in clear principles, that of harms on the other side of the divide between ‘having’ and ‘being’ seems the realm of […]

Gregory Keating, ‘A Social Contract Conception of the Tort Law of Accidents’

ABSTRACT This paper explores two central questions in the tort law of accidents – the choice between negligence and strict liability, and the level of reasonable precaution – from a fairness perspective. The first part of the paper develops the idea that liability rules are fair when they are, ex ante and over the long […]

Rob Heywood, ‘“If the Problem Persists, Come Back To See Me …” – An Empirical Study of Clinical Negligence Cases Against General Practitioners’

ABSTRACT The law of negligence, as it applies to General Practitioners (GPs), is underexplored in the literature. There has been no substantial research undertaken that has penetrated deeper into claims that have actually reached court in order to analyse judicial reasoning pertaining to both breach of duty and causation. Given the increased pressures that GPs […]

Chen Meng Lam, ‘Damages for Wrongful Fertilisation: Reliance on Policy Considerations’

ABSTRACT In what was described as ‘one of the most difficult cases’ that had come before it, the Singapore Court of Appeal in ACB v Thomson Medical Pte Ltd (‘ACB’) recognised, for the first time, the loss of genetic affinity as an independent head of loss that would allow a plaintiff to recover damages in […]

Cave and Purshouse, ‘Think of the Children: Liability for Non-Disclosure of Information Post-Montgomery

ABSTRACT In 2015, the Supreme Court in Montgomery v Lanarkshire Health Board handed down a landmark decision on informed consent to medical treatment, heralding a legal shift to a more patient-centred approach. Montgomery, and the extensive commentary that has followed, focuses on ‘adult persons of sound mind’. Cave and Purshouse consider the potential claims that […]

Mark Geistfeld, ‘Folk Tort Law’

ABSTRACT The standard of reasonable care is the most important example of a substantive tort obligation that is largely determined by folk law or the understanding that jurors as lay individuals have about the legal obligation. In order to be adequately determinate, the folk law of reasonable care must be based on a widely shared […]

Marson and Ferris, ‘For the Want of Certainty: Vnuk, Juliana and Andrade and the Obligation to Insure’

ABSTRACT In 2014, the Court of Justice of the European Union in Damijan Vnuk v Zavarovalnica Triglav extended the requirement for the owner of a motor vehicle to possess insurance cover where the vehicle is used on a road or other public place to vehicles on private land. Beyond disquiet as to this extension, there […]

‘The Caparo Illusion: The Three-Stage Test Has Gone. What Happens Next?’

“In Robinson v Chief Constable of West Yorkshire Police [2014] EWCA Civ 15 the Court of Appeal held that ‘the Caparo test applies to all claims in the modern law of negligence’. By the time the case reached the Supreme Court that well-known three-stage test had been held to be of no practical application. How […]

Steven Shavell, ‘On the Redesign of Accident Liability for the World of Autonomous Vehicles’

ABSTRACT This article proposes a scheme of liability that would desirably control accident risks in the coming world in which motor vehicles will be autonomous. In that world, travelers will not be drivers, rendering liability premised on driver fault irrelevant as a means of reducing accident dangers. Moreover, no other conventional principle of individual or […]