Category Archives: Tort

Bruce Feldthusen, ‘Justice Beverley Mclachlin: Canadian Tort Law’s Most Influential Judge – Who Knew?’

Abstract No judge has had a greater influence on modern Canadian tort law than Justice Beverley McLachlin. During her 28 years on the Supreme Court she sat on all but 13 of the 145 torts cases that came before the Court. Nine of the 13 she missed came during her first year. She was present […]

‘Robot Liability: How Does it Feel to be Hit by an ePerson?’

“The arrival of robots, autonomous software agents and so-called ‘Internet of Things’-devices challenges existing liability systems. While the operation of legacy products was mostly in the hands of users, autonomous cars and other algorithmic devices will be operated by algorithms that are identical across the whole fleet of products. The ‘behaviour’ of autonomously operated products […]

Stychin and Rieder, ‘Living With/Out Proximity: Comparing a Contested Concept in Tort’

Abstract The Article compares the concept of proximity in a common and civil law jurisdiction. Stychin, Carl F and Rieder, Clemens, Living With/Out Proximity: Comparing a Contested Concept in Tort (2016). Tulane European and Civil Law Forum [2016] 29 195-216 22.

‘The Mau Mau litigation: fear is not a personal injury’

“Stewart J has recently dismissed the first test case in this group litigation, in which over 40,000 Kenyans bring claims for damages against the UK Foreign and Commonwealth Office, alleging abuse during the Kenyan Emergency of the 1950s and early 1960s, in Kimathi and Others v The Foreign and Commonwealth Office [2018] EWHC 2066 (QB). […]

Timothy Lytton, ‘Exposing Private Third-Party Food Safety Auditors to Civil Liability for Negligence: Harnessing Private Law Norms to Regulate Private Governance’

Abstract In many industries, companies rely on private third-party audits to monitor their suppliers’ adherence to various standards. These audits are frequently paid for by the entity being audited, which creates a conflict of interest that incentives auditors to reduce the burden of audits by cutting corners and inflating audit scores. This article presents a […]

Šustek and Holčapek, ‘Alternative Dispute Resolution in Medical Malpractice Disputes’

Abstract Alternative dispute resolution (ADR) is a category comprising various techniques which enable the parties to resolve their conflicts out of the highly formalized judicial proceedings. In many legal systems, ADR is an increasingly popular set of legal instruments to resolve disputes because of its cost-effectiveness and time-effectiveness, flexibility, confidentiality and respect for unique aspects […]

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 […]

Tracy Hester, ‘Climate Tort Federalism’

Introduction … This essay begins with a brisk look at the fate of prior federal common law climate tort actions, and sketches out the basic tenets and prior analyses of judicial federalism and its role in mass-party litigation. It then closely examines how climate tort claims under state law will pose fundamental challenges to the […]

Greg Weeks, ‘Soft Law and Public Liability: Beyond the Separation of Powers?’

Abstract Soft law refers to domestic, non-legislative instruments which are designed to influence, modify or otherwise affect conduct. It relies for this result on the fact that people generally assume that soft law requires them to act and has immediate legal effect. Where this assumption is mistaken, individuals have a limited capacity to obtain remedies […]

‘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 […]