Category Archives: Negligence

Tsachi Keren-Paz, ‘No-Fault (Strict) Liability for Injuries From Innovative Treatments: Fairness or Also Efficiency’

Abstract Innovative treatments (ITs) have a distinct SIROT pattern: they often show, and are expected to show, significantly improved results over time. Of the four IT categories discussed, two stand out: SIROT treatments which are currently not in the patient’s best interest (BI) but will become superior treatment over time (category 3), and treatments which […]

John Goldberg, ‘You Can’t Spell “America” Without C A R’

Nora Freeman Engstrom, When Cars Crash: The Automobile’s Tort Legacy, 53 Wake Forest Law Review 293 (2018). For the past century, the car accident has served as the paradigmatic (über-?) tort. What does this tell us about tort law’s past, present, and future? Nora Freeman Engstrom’s elegant and informative When Cars Crash offers some highly […]

Tom Cornford, ‘Assumption Of Responsibility By Public Authorities’

Abstract Since the House of Lords’ decision in the Gorringe case, there can be no reason for imposing a duty of care in negligence on a public authority that would not also count as a reason for imposing a duty of care on a private person. In this context assumption of responsibility, as the primary […]

Tsachi Keren-Paz, ‘Liability for Consequences, Duty of Care and the Limited Relevance of Specific Reliance: New Insights on Bhamra v Dubb

Abstract The purpose of this article is to examine two issues central to the tort of negligence: the role of reliance in establishing a duty of care; and the relationship between the harm-within-risk rule and the rule excluding liability for coincidental harm as tests for legal causation. I will use the unusual facts of Bhamra […]

Tim Baxter, ‘Urgenda-Style Climate Litigation Has Promise in Australia’

Abstract In mid-2015, news of Urgenda’s purported success in holding the Dutch government to account for climate negligence travelled around the world. The case spawned renewed interest in climate litigation and has led to climate negligence cases being run or planned in many other countries. In Anglo-Australian jurisdictions, a direct analogue to the case – […]

‘Palles Society launched in Dublin; Russell Brown on Indeterminacy in the Duty of Care Analysis’

“The Palles Society for Private Law was launched in Trinity College Dublin on Thursday 22 November 2018 last. The Honourable Russell Brown, Justice of the Supreme Court of Canada, delivered a keynote lecture on the topic of ‘Indeterminacy in the Duty of Care Analysis’. The event was chaired by His Excellency Kevin Vickers, Ambassador of […]

Robert Weir, ‘What is a personal injury anyway?’

Introduction … This article focuses on the trilogy of House of Lords/Supreme Court cases in which the HL/SC have grappled with the dividing line at common law between ‘no injury’ and ‘personal injury’: Cartledge v E Jopling & Sons Ltd (‘Cartledge‘); Rothwell v Chemical & Insulating Co Ltd (‘Rothwell‘); and Dryden v Johnson Matthey Plc. […]

Freckelton and Popa, “‘Recognisable Psychiatric Injury’ and Tortious Compensability for Pure Mental Harm Claims in Negligence: Saadati v Moorhead [2017] 1 SCR 543 (McLachlin CJ and Abella, Moldaver, Karakatsanis, Wagner, Gascon, Côté, Brown and Rowe JJ)”

Abstract Since at least 1970, one of the constraints upon compensability for pure mental harm at common law has been that a plaintiff must have suffered not just adverse psychological consequences from negligence but a ‘recognisable psychiatric illness’. In a powerful unanimous decision, the Supreme Court of Canada in Saadati v Moorhead [2017] 1 SCR […]

Tsachi Keren‑Paz, ‘Gender Injustice in Compensating Injury to Autonomy in English and Singaporean Negligence Law’

Abstract The extent to which English law remedies injury to autonomy (ITA) as a stand-alone actionable damage in negligence is disputed. In this article I argue that the remedy available is not only partial and inconsistent (Keren-Paz in Med Law Rev, 2018) but also gendered and discriminatory against women. I first situate the argument within […]

‘Indeterminacy In The Duty Of Care Analysis’: Justice Russell Brown, Trinity College Dublin, 22 November 2018

The Honourable Russell Brown, Justice of the Supreme Court of Canada, will deliver a keynote lecture on the topic of ‘Indeterminacy in the Duty of Care Analysis’ to launch the Palles Society for Private Law. Christopher Palles was an unrivalled master of the common law. He was Lord Chief Baron of the Exchequer in Ireland […]