Category Archives: Tort

Stephen Sugarman, ‘Restating the Tort of Battery’

Abstract: This article offers a bold proposal: eliminate the intentional tort of battery and merge cases of both the negligent and intentional imposition of physical harm into a single new tort. The advantages of a single tort of wrongfully causing physical harm to persons are many. It would a) do away with complex and unneeded […]

JiangYu Wang, ‘Enforcing Fiduciary Duties as Tort Liability in Chinese Courts’

Abstract: Fiduciary duties, once an Anglo-American concept, was codified in China’s Company Law in 2005, which made China one of the very few jurisdictions which introduced fiduciary duties through statutory provisions. Between successful or unsuccessful cases of legal transplant, China offers a third possibility on how the transplant of fiduciary duties may work in a […]

Avihay Dorfman, ‘Against Market Insularity: Market, Responsibility, and Law’

Abstract: In this paper, I take stock of some leading attempts to drive a wedge between distinctively market reasoning and practical (including moral) reasoning. Although these attempts focus on different normative foundations – the epistemology of market interaction, the autonomy of its participants, the stability-enhancing quality of markets, and the authority of democratic decision-making – […]

Punitive Damages in Italian Law – Corte di Cassazione 5 July 2017 no 16601

Abstract: In the current legal system, the purpose of civil liability law is not just to make the victim of a tort whole again, since the functions of deterrence and punishment are also inherent in the system. The American doctrine of punitive damages is therefore not ontologically contrary to the Italian legal system. However, the […]

Faure, Visscher and Weber, ‘Liability for Unknown Risks: A Law and Economics Perspective’

Abstract: In the law and economics literature liability is generally regarded as an instrument which provides potential tortfeasors with incentives for optimal care taking. The question, however, arises whether liability can still provide those incentives when risks are unknown. That is the central question that is addressed in this contribution. One may, furthermore, have to […]

Ian Gallacher, ‘My Grandmother Was Mrs Palsgraf: Ways to Rethink Legal Education to Help Students Become Lawyers, Rather Than Just Thinking Like Them’

Abstract: This article uses my family history, and its striking similarities to the Palsgraf case, as a starting point for a consideration of the ways law schools teach the law to their students, the problems that approach appears to cause, and some possible alternative, and potentially healthier, approaches to legal education. My grandmother, grandfather, mother, […]

Jaime Lindsey, ‘Psychiatric Injury Claims and Pregnancy: RE (a Minor) and Others v Calderdale and Huddersfield NHS Foundation Trust [2017] EWHC 824′

Abstract: RE and others concerned a clinical negligence claim against the Defendant NHS Trust by a baby injured during childbirth, as well by her mother and grandmother for psychiatric injury found to have been caused by those events. This commentary focuses on the claim for psychiatric injury by the mother and grandmother, both of which […]

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 (PLCCA), 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 […]

Paul Rheingold, ‘Mass Torts – Maturation of Law and Practice’

Abstract: Mass tort litigation has been with us for about fifty years. This is dating the start from the MER/29 litigation in 1964. This field of law and practice has grown year after year, and it shows no sign of abating. At the same time, it can be said that this area of law and […]

Ruben De Graaff, ‘Concurrent Claims in Contract and Tort: A Comparative Perspective’

Abstract: This contribution analyses whether, and to what extent, the law permits a choice between finding liability in contract and in tort. The answer to this question is important because the outcome of a case may differ depending on whether the claim for damages is based on a breach of contract or on a violation […]