Category Archives: Tort

‘Climate Change, Responsibility and Liability’: International Conference, Graz, Austria, 8-10 November 2018

“Conference Program: Thursday, November 8th, 2018: University of Graz, Aula – 9:00 Welcome: Dean, Faculty of Law. Climate change, impacts and attribution of anthropogenic causes: status and challenges Gottfried Kirchengast, Douglas Maraun, Andrea Steiner, University of Graz; Oslo Principles and Climate Principles for Enterprises Jaap Spier, University of Amsterdam; Attribution of moral and political responsibilities […]

Rob Heywood, ‘“If The Problem Persists, Come Back to See Me …” – An Empirical Study of Clinical Negligence Cases Against General Practitioners’

Abstract The law of negligence, as it applies to General Practitioners (GPs), is underexplored in the literature. There has been no substantial research undertaken that has penetrated deeper into claims that have actually reached court in order to analyse judicial reasoning pertaining to both breach of duty and causation. Given the increased pressures that GPs […]

Samuel Thumma, ‘Mending Wall and Negligence: How a Poem can Inform the Common Law’

Abstract Using selected lines from Robert Frost’s poem Mending Wall, this essay seeks to show how the poem can inform the common law of negligence. Best known for its line ‘good fences make good neighbors’, Mending Wall involves a narrator recounting his relationship with a neighbor, and the neighbor’s calm persistence that a good boundary […]

‘Dutch court upholds dike against climate change, while Trump Administration seeks to stop climate-change “trial of the century” in Oregon’

“On Tuesday, an intermediate appellate court in the Netherlands upheld a verdict against the government demanding more state action to curb carbon emissions and combat climate change. The court’s decision in favor of energy NGO Urgenda came just one day after the dire 12-year warning of the special report of the UN Intergovernmental Panel on […]

‘What Ever Happened to Dignity?’

Kenneth S Abraham and G Edward White, The Puzzle of the Dignitary Torts, 104 Cornell Law Review (forthcoming 2018), available at SSRN. In ‘The Puzzle of the Dignitary Torts’, Ken Abraham and G Edward White return our attention to a domain of tort law they rightly describe as neglected, namely, the ‘dignitary torts’. In our […]

‘Historical moment in European private law: Urgenda Decision UPHELD by Dutch Court of Appeal and provided with stronger legal ammunition’

Today, another historical decision is rendered in the Dutch Urgenda case, this time by the national Court of Appeal in The Hague. For the first time ever, Articles 2 and 8 of the European Convention on Human Rights (ECHR) are interpreted to cover positive obligations related to climate change. These lead to state liability under […]

Kathleen Renaud, ‘Apples to Oranges? Gendered Damages in Personal Injury Litigation: A Focus on Infant Claims’

Abstract For infant plaintiffs, personal injury litigation damage awards for loss of earning capacity are highly speculative. To quantify damages, courts rely on general population statistics and often consider the gender of the plaintiff. This article examines ways in which courts have discounted damages to minor female plaintiffs. The author notes that this discounting broadly […]

McInnes and Simpson, ‘The Shopkeeper’s Privilege and Canadian Tort Law’

Abstract Shoplifting is a major issue in Canada, with 87% of small and medium sized stores victimized each year. As a result, shopkeepers face a difficult decision between allowing this loss of product, or detaining the individual and facing tortious liability for an unlawful arrest. The legal debate regarding allowing a shopkeeper’s privilege to detain […]

Jonathan Morgan, ‘Abolishing personal injuries law? A response to Lord Sumption’

Introduction Lord Sumption has frequently delivered speeches that provoke public debate. His 2017 lecture to the Personal Injuries Bar Association will surely do so too. Its very title, a ‘Project’ of “Abolishing Personal Injuries Law’, is incendiary. The provocation is welcome, and indeed overdue. As Lord Sumption observes, the high-water mark of reform came with […]

Jonathan Sumption, ‘Abolishing personal injuries law – a project’

Introduction It is now exactly twenty years since Patrick Atiyah published The Damages Lottery, one of the most eloquent polemics ever to be directed against a firmly entrenched principle of law. Professor Atiyah was concerned with the law of negligence generally. But his book has generally been treated as an attack on personal injuries law […]