Category Archives: Tort

‘Reproductive Exceptionalisms’

Dov Fox, Birth Rights and Wrongs: How Medicine and Technology are Remaking Reproduction and the Law (2019). Over the past four decades, people have increasingly turned to reproductive technologies to form their families. As technologies such as egg freezing, in-vitro fertilization, and pre-implantation genetic diagnosis have developed and improved, processes that were once left to […]

Hao Jiang, ‘Chinese Tort Law in the Year of 2020: Tradition, Transplants, Codification and Some Difficulties’

ABSTRACT Much of Chinese civil law is a product of Western legal transplants. However, when dealing with a country as old and sophisticated as China, one can easily miss the whole picture by focusing only on the written statutes. Appearances do not tell much. Chinese Civil Code was enacted on May 28th, 2020. This is […]

Mathews and Dallaston, ‘Reform of Civil Statutes of Limitation for Child Sexual Abuse Claims: Seismic Change and Ongoing Challenges’

ABSTRACT Historically, civil statutes of limitation applied standard approaches to claims for injuries suffered through child sexual abuse. Due to the features of these cases, many survivors were unable to commence an action for compensation within time, and could not access the civil justice system. However, since 2015, influenced by the recommendations of state and […]

Griffin and Briffa, ‘Still Awaiting Clarity: Why Victoria’s New Civil Liability Laws for Organisational Child Abuse Are Less Helpful than They Appear’

ABSTRACT In 2017 Victoria became the first Australian jurisdiction to initiate substantive reforms to its civil liability laws, to address barriers faced by plaintiffs seeking to hold institutions liable for child abuse. The new law, based on recommendations arising from a Victorian inquiry, establishes a statutory duty of care owed by organisations to take reasonable […]

Paras Sharma, ‘Economic Analysis of Tort Liability’

ABSTRACT Tort law has been one of the first fields of law to be analyzed from an economic point of view. Tort law is majorly concerned with accidental injuries. Its purposes are twofold, viz, to compensate the victims and to deter unreasonably dangerous behavior. The economic theory of tort law emphasizes on the deterrence aspect […]

D’Andra Millsap Shu, ‘When Food is a Weapon: Parental Liability for Food Allergy Bullying’

ABSTRACT Food allergies in children are rising at an alarming pace. Increasingly, these children face an added threat: bullies targeting them because of their allergies. This bullying can take a life-threatening turn when the bully exposes the victim to the allergen. This Article is the first major legal analysis of food allergy bullying. It explores […]

Ronen Perry, ‘Civil Liability for Cyberbullying’

INTRODUCTION In 2006, the world was shocked when thirteen-year-old Megan Meier committed suicide after being told that the world would be better off without her by a fake user on the social networking platform Myspace. This was neither the first nor the last suicide attributed to cyberbullying, and although suicide remains an infrequent outcome, its […]

Alessandra Suuberg, ‘Emotional Distress Claims, Dignitary Torts, and the Plaintiff-Friendly Fiction of Reasonable Sensitivity’

ABSTRACT In 2019, an article in the University of Memphis Law Review considered whether individuals with a highly sensitive temperament are able to recover for intentional infliction of emotional distress (IIED), given the tort’s ‘reasonable person’ standard. The author argued that this standard discriminates against plaintiffs who are more susceptible to emotional harm than average. […]

Francovich claims are dead! Long live Francovich claims?’

“Paragraph 4 of Schedule 1 of the European Union (Withdrawal) Act 2018 (the ‘EUWA’) provides that there is generally ‘no right in domestic law on or after [the end of the transition period] to damages in accordance with the rule in Francovich’. As is well known, the rule in Francovich provides a cause of action […]

‘Recognizing Wrongs’

John CP Goldberg and Benjamin C Zipursky, Recognizing Wrongs, Harvard University Press, 2020, 380pp, $45.00 (hbk), ISBN 9780674241701. Over the past twenty-plus years, through more than two dozen co-authored papers and others authored individually, John Goldberg and Benjamin Zipursky have established themselves as major figures in tort theory and private law theory more generally. They […]