Category Archives: Tort

Gregory Keating, ‘Products Liability As Enterprise Liability’

Abstract: In the American legal academy, the prevailing wisdom about the rise of modern products liability law is framed by a debate which took place more than thirty years ago. George Priest’s brilliant 1985 paper The Invention of Enterprise Liability, asserted that modern American products liability law in its formative moment was enterprise liability incarnate, […]

Katalin Sulyok, ‘Managing Uncertain Causation in Toxic Exposure Cases: Lessons for the European Court of Human Rights from US Toxic Tort Litigation’

Abstract: Under Articles 2 (right to life) and Article 8 (right to private life) of the European Convention on Human Rights, the European Court of Human Rights (Strasbourg Court) decides cases involving personal health injuries allegedly caused by toxic exposures. Thus far no one has conducted a systematic inquiry on how the Strasbourg Court deals […]

‘Filming emergency scenes as a bystander: a tortious duty for those who do not assist victims?’

“In light of the recent London terror attacks in which bystanders filming the incident both hindered and assisted police, debate has raged as to whether this type of conduct at emergency situations should be seen as acceptable – particularly as nearly every individual now carries a device capable of recording such scenes and uploading them […]

Denise Meyerson, ‘Medical Negligence Determinations, the “Right to Try”, and Expanded Access to Innovative Treatments’

Abstract: This article considers the issue of expanded access to innovative treatments in the context of recent legislative initiatives in the United Kingdom and the United States. In the United Kingdom, the supporters of legislative change argued that the common law principles governing medical negligence are a barrier to innovation. In an attempt to remove […]

‘Strasbourg on excessive libel damages’

Independent Newspapers (Ireland) Ltd v Ireland ECtHR, 5th section, 15 June 2017. The Strasbourg Court has decided that an award of damages in an Irish libel case was disproportionate – but, as I shall explain – it has not told us what a proportionate award would have been. This odd position was reached in an […]

Stephen Sugarman, ‘Torts and Guns’

Abstract: When Hillary Clinton and Bernie Sanders squabbled during their 2015-16 election campaigns over the federal Protection of Lawful Commerce in Arms Act (PLCAA), they were talking past each other, misleading their listeners, and failing to understand what this statute pre-empting some state tort claims against the gun industry was actually about. Many critics of […]

Kongsholm and Kappel, ‘Is Consent Based on Trust Morally Inferior to Consent Based on Information?’

Abstract: Informed consent is considered by many to be a moral imperative in medical research. However, it is increasingly acknowledged that in many actual instances of consent to participation in medical research, participants do not employ the provided information in their decision to consent, but rather consent based on the trust they hold in the […]

Katarzyna Krupa-Lipińska, ‘The Problem Of The Indeterminate Defendant In Tort Law In Europe’

Abstract: The article discusses the problem of the indeterminate defendant in European tort law systems and in the projects aiming to unify tort law in Europe, such as Draft Common Frame of Reference and Principles of European Tort Law. The given issue relates to a situation where there is a damage caused by one factor, […]

‘Gaps and Shadows in the Common Law’

Mark P Gergen, Privity’s Shadow: Exculpatory Terms in Extended Forms of Private Ordering, 43 Florida State University Law Review 1 (2015). It’s hard to think of anyone who analyzes the interstices of the common law better than Mark Gergen, an expert in an almost improbable number of legal fields. By interstices, I mean the spaces […]

Anthony Gray, ‘Liability of Educational Providers to Victims of Abuse: A Comparison and Critique’

Abstract: The principle of vicarious liability is, to some extent, incoherent. It is indisputable that the case law has moved well beyond the original confines of the doctrine – the basis of its imposition having, to some extent, undercut by development elsewhere in tort law, and its rationale continuing to be subject to conjecture and […]