Category Archives: Negligence

Noam Gur, ‘Ronald Dworkin and the Curious Case of the Floodgates Argument’

Abstract This article juxtaposes a jurisprudential thesis and a practical problem in an attempt to gain critical insight into both. The jurisprudential thesis is Dworkin’s rights thesis. The practical problem revolves around judicial resort to the floodgates argument in civil adjudication (or, more specifically, a version of this argument focused on adjudicative resources, which is […]

‘When Cars are the Drivers: Tort Law in the Fourth Industrial Revolution’

Kenneth S Abraham and Robert L Rabin, Automated Vehicles and Manufacturer Responsibility for Accidents: A New Legal Regime for a New Era, 105 Virginia Law Review (forthcoming 2019), available at SLS. Now that self-driving vehicles roam the roads and have already caused injury and death, many talented torts scholars are reviewing the role of tort […]

Special number on Road Accident compensation (Wake Forest Law Review, 2018, volume 53 no 2)

Extra-Strict Liability for Traffic Accidents in France (Jean-Sebastien Borghetti) When Cars Crash: The Automobile’s Tort Law Legacy (Nora Freeman Engstrom) The Regulatory Sweet Spot for Autonomous Vehicles (Mark A Geistfeld) A Comparative Analysis of Traffic Accident Systems (Ernst Karner) From Fault-Based to Strict Liability: A Case Study of an Overpraised Reform (Ronen Perry) € (Hein […]

Lars Noah, ‘Doctors on the Take: Aligning Tort Law to Address Drug Company Payments to Prescribers’

Abstract The pharmaceutical and medical device industries aggressively market their wares to health care professionals, and the giving of gifts has become a central feature of this process. Most observers regard financial incentives tied to the use of specific therapeutic products as ethically impermissible, and various institutions have tried combating inappropriate gifts and payments to […]

‘Case Comment: James-Bowen v Commissioner of Police of the Metropolis [2018] UKSC 40′

“The Supreme Court has held in James-Bowen and Others v Commissioner of Police of the Metropolis [2018] UKSC 40 that the Commissioner owed no duty to protect the economic and reputational interests of officers whose alleged misconduct formed the subject of a civil claim, which the Commissioner had settled. The officers had been involved in […]

Gladwin-Geoghegan and Foster, ‘Police liability in negligence: immunity or incremental liability?’

Introduction The so-called immunity of the police in negligence with respect to their conduct in investigating crime has caused much legal debate, not only in terms of its impact on the development of tortious principles via the concept of public policy, but also its impact on the human rights’ claims of the victims of such […]

Stelios Tofaris, ‘The Negligence Liability of Local Authorities for Failure to Protect Children from Abuse: Where to Draw the Line?’

Abstract When should local authorities be liable in negligence for failure to protect children from abuse by third parties? The answer is of wide importance, but so is the way of reaching the answer. This makes CN v Poole Borough Council (2017), now before the Supreme Court, destined to be a landmark case in the […]

William McGeveran, ‘The Duty of Data Security’

Abstract As data breaches become larger and more frequent, the question naturally arises: what precautions does the law require of the data custodians who hold our personal information in their digital files? What is the legal duty of data security? According to some scholars and lawyers, the law is insufficiently specific, concrete, or uniform to […]

Hyman, Liu and Black, ‘Medical Malpractice Litigation and the Market for Representation: Evidence from Indiana’

Abstract How concentrated is the market for medical malpractice (med mal) legal representation, whether for plaintiffs or defendants? How often do plaintiffs proceed pro se, and with what results? Do successful lawyers start off with better cases to begin with or do they add more value to the cases – or both? Building on earlier […]

Lesley-Anne Barnes Macfarlane, ‘Rethinking childhood contributory negligence: “blame”, “fault” – but what about children’s rights?’

Abstract Article 3 of the United Nations Convention on the Rights of the Child provides that the child’s ‘best interests … shall be a primary consideration’ in all actions concerning the child. The United Nations Committee on the Rights of the Child has indicated something of the magnitude of the concept of best interests, describing […]