Category Archives: Tort

Phillip Buckley, ‘Barriers to Justice, Limits to Deterrence: Tort Law Theory and State Approaches to Shielding School Districts and Their Employees from Liability for Negligent Supervision’

Abstract: Despite its importance, the law of tort and negligence in the context of American public schools is poorly understood and relatively understudied. Through the lens of tort law theory, this Article examines the various legal frameworks that govern the tort of negligent supervision in four states: Arkansas, Illinois, Colorado, and Maine. In these four […]

Just pubished: Marta Santos Silva, The Draft Common Frame of Reference as a ‘Toolbox’ for Domestic Courts: A Solution to the Pure Economic Loss Problem from a Comparative Perspective

This book investigates whether national courts could and should import innovative solutions from abroad in the adjudication of complex legal disputes. Special attention is paid to the concept of ‘legally relevant damage’ and its importance in overcoming the deadlock created by the category of ‘pure economic loss’ in the Portuguese and German tort law systems. […]

O’Byrne, Philip and Fraser, ‘The Tortious Liability of Directors and Officers to Third Parties in Common Law Canada’

Abstract: The law regarding the tortious liability of corporate directors and officers to third parties remains conflicted. One line of authority, adopted in Alberta, provides that liability is rare in the context of torts committed in a corporate capacity, and it largely closes the door on liability for ordinary negligence. A competing line of authority, […]

James Lee, ‘The Judicial Individuality of Lord Sumption’

Abstract: This article scrutinises the role of the individual judge on the United Kingdom Supreme Court through an analysis of the jurisprudence of Lord Sumption JSC. The examination of the Court’s recent decisions demonstrates that his Lordship is a leading figure on the Supreme Court. It is argued that key cases and extra-curial speeches mark […]

Watson and Kottenhagen, ‘Patients’ Rights, Medical Error and Harmonisation of Compensation Mechanisms in Europe’

Abstract: In 1999 the Institute of Medicine reported that most medical injuries relate to unavoidable human error in a context of system failure. Patient safety improves when healthcare providers facilitate blame-free reporting and organisational learning. This is at odds with fault-based civil liability law, which discourages a more open (doctor-patient) communication on medical injuries. The […]

‘When Historic Injustice Meets Tort Law: the Case of the Srebrenica Genocide’

“In July 1995, thousands of Muslim Bosniak men were deported from the enclave Srebrenica and subsequently killed by the Bosnian Serb army under the command of Ratko Mladić. The UN had declared Srebrenica a ‘safe area’, but the Dutchbat soldiers were not able to prevent the capturing and killing of the victims by the Bosnian […]

Florian Baumann, ‘Product Liability in Markets for Vertically Differentiated Products’

Abstract: This article shows that shifting losses from consumers with heterogeneous harm levels to vertically differentiated duopolists increases product safety levels, while narrowing the degree of product differentiation. Our setup features observable (but possibly nonverifiable) product safety levels and firms subject to strict liability according to a parametric liability specification. Firms’ expected liability payments depend […]

Jessica Pollack, ‘Getting Even: Empowering Victims of Revenge Porn With a Civil Cause of Action’

Introduction: … This Note does argue, though, that because of the valid First Amendment violations present, criminalizing revenge porn is not the best method by which to seek redress against an offender, but rather, states should enact civil causes of action specifically against revenge porn. Further, this Note argues that an affirmative consent standard should […]

‘How Much is Your Injury Worth? First Tell Me Your Race and Gender’

Ronen Avraham and Kimberly Yuracko, Torts and Discrimination, Law and Economic Research Paper No E570 (2017), available at SSRN. When plaintiffs suffer actionable injury, courts in the United States attempt to repair the harm by awarding compensatory damages that put victims in the position they would have been in but for the wrongs that they […]

‘Punitive Damages in Action’

“One of the most controversial remedies in private law is that of punitive (or exemplary) damages. According to Ernest Weinrib, the remedy is ‘encased in controversy’. Punitive damages are extra-compensatory damages the aim of which is to punish the defendant for his wrongful conduct and to deter him and others from acting similarly in the […]