Category Archives: Tort

Richard Lewis, ‘Humanity in Tort: Does Personality Affect Personal Injury Litigation?’

Abstract This article examines whether the character of people involved in personal injury claims affects their outcome irrespective of the legal rules. For example, does the personality or background of the litigants or their lawyers influence whether an action succeeds and how much damages are then paid? A rise in the number of claims is […]

James Bailey, ‘Aggravated Damages or Additional Awards of Solatium: A Distinction without a Difference?’

Abstract What are aggravated damages? Can they be recovered under Scots law? These are questions which might cross the mind of a Scots lawyer upon noticing the label in a tort textbook or the English case reports. This article seeks to address these two questions, in addition to critically examining whether aggravated damages ought to […]

Book Launch: Mark Lunney, A History of Australian Tort Law, King’s College London, 5 February 2018

“Lunney dives into Australian contributions to common law development and its need to be viewed in the context of the British race patriotism that characterised the intellectual and cultural milieu of Australian legal practitioners. Using not only primary legal materials but also newspapers and other secondary sources, he traces Australian developments to what Australian lawyers […]

Kylie Burns, “‘In this Day and Age’: Social Facts, Common Sense and Cognition in Tort Law Judging in the United Kingdom”

Abstract Tort law judging in the United Kingdom includes judicial ‘truth claims’ or ‘social facts’ about the world, society, and institutional and human behaviour. Although corrective justice and rights scholars assert tort law is autonomous and internally referential, social facts can be influential in tort decisions. While there is some evidence of judicial use of […]

Terwindt, Leader, Yilmaz-Vastardis and Wright, ‘Supply Chain Liability: Pushing the Boundaries of the Common Law?’

Abstract On 29 August 2016, in a claim by Pakistani survivors and legal heirs against German retailer KiK for injuries and deaths during a fire at a factory supplying jeans in Karachi, German judges accepted jurisdiction and granted legal aid to the Pakistani claimants to cover the legal fees. The case pending before the German […]

Samuel Ernst, ‘Pluralism Applied: A Concordant Approach to Selecting Contract Rules’

Abstract Contract rules can be justified by utilitarian theories (such as efficiency theory), which are concerned with promoting rules that enhance societal wealth and utility. Contract rules can also be justified by rights-based theories (such as promissory and reliance theories), which are concerned with protecting the contractual freedom and interests of the individual parties to […]

Just Published: Mark Lunney, A History of Australian Tort Law 1901-1945: England’s Obedient Servant?

Little attention has been paid to the development of Australian private law throughout the first half of the twentieth century. Using the law of tort as an example, Mark Lunney argues that Australian contributions to common law development need to be viewed in the context of the British race patriotism that characterised the intellectual and […]

Donal Nolan, ‘A Public Law Tort: Understanding Misfeasance in Public Office’

Abstract This chapter provides a theoretical analysis of the tort of misfeasance in public office. The current vitality of the tort is attested to by the frequency with which it appears in the law reports, and by the spirited opposition which met a (subsequently abandoned) proposal by the Law Commission of England and Wales that […]

‘Uncovering Through Discovery’

Roy Shapira and Luigi Zingales, Is Pollution Value-Maximizing? The DuPont Case, NBER Working Paper No 23866 (2017). Courts, practitioners, and scholars have recently focused on discovery costs in civil litigation. This produced recent amendments to the Federal Rules of Civil Procedure emphasizing that discovery requests be ‘proportional’ rather than excessive. But this focus has ignored […]

Donald Gifford, ‘Technological Triggers to Tort Revolutions: Steam Locomotives, Autonomous Vehicles, and Accident Compensation’

Abstract Waves of technological change explain the most important transformations of American tort law. In this Article, I begin by examining historical instances of this linkage. Following the Industrial Revolution, for example, machines, no longer humans and animals, powered production. With greater force, locomotives and other machines inflicted far more severe injuries. These dramatic technological […]