Category Archives: Tort

Yuracko and Avraham, ‘Valuing Black Lives: A Constitutional Challenge to the Use of Race-Based Tables in Calculating Tort Damages’

Abstract: In 2011, a young couple eagerly expecting the birth of their first child moved into an apartment in Brooklyn, New York, excited to have a new home for their growing family. Their child, a son, was born healthy soon thereafter. One year later, however, the couple received devastating news. A routine medical exam had […]

‘Compensation Following Fatal Stabbing: Human Rights And The CICA: “Double Recovery” Not Allowed’

“The decision of the Upper Tribunal in VG v CICA [2017] UKUT 0049 (AAC) is important reading for anyone involved in advising in fatal claims. In essence a High Court action was rendered valueless because the damages awarded were offset by the CICA. It shows the need to think long and hard before issuing civil […]

Richard Lewis, ‘Industrial Injuries Compensation: Tort and Social Security Compared’

Abstract: This article highlights aspects of the tort system of compensation for personal injury in the UK by comparing the provision made for workers under the state’s industrial injury scheme. The relative significance of the two schemes has rarely been considered and has not been dealt with in any UK law journal. Although lawyers are […]

Allan Beever, ‘Negligence and utility’

Abstract: This article examines the claim that assessment of the standard of care in the law of negligence utilises and must utilise considerations of utility. It argues that this position is mistaken. It also maintains that cases frequently thought to support this view do not do so. The article also examines the justice of appeals […]

Kaitlyn Kelly, ‘Put Privity In The Past: A Modern Approach For Determining When Washington Attorneys Are Liable To Nonclients For Estate Planning Malpractice’

Abstract: Even in the best of circumstances, an estate plan may leave intended beneficiaries frustrated. Occasionally, an attorney’s alleged mistake in the execution of a will or administration of a trust sparks the beneficiaries’ anger. Under Washington law, it is unclear whether intended beneficiaries may sue an estate planning attorney for malpractice. Generally, an estate […]

Richard Lewis, ‘Tort Tactics: An Empirical Study of Personal Injury Litigation Strategies’

Abstract: This article reveals some of the tactics which lawyers may use when conducting personal injury litigation. The research is empirically based by being drawn from structured interviews with a cross section of practitioners. This qualitative evidence helps to place the rules of tort in a wider context and suggests that tactical considerations may affect […]

Gregory Keating, ‘Is There Really No Liability Without Fault?: A Critique Of Goldberg and Zipursky’

Introduction: In their influential writings over the past twenty years and most recently in their article ‘The Strict Liability in Fault and the Fault in Strict Liability’, Professors Goldberg and Zipursky embrace the thesis that torts are conduct-based wrongs. A conduct-based wrong is one where an agent violates the right of another by failing to […]

‘What Should Tort Law Do When Autonomous Vehicles Crash?’

“This week it was announced that the 2018 Subaru Crosstrek will continue to be made available with a manual transmission. Each year we ‘save the manuals’ folks cringe as the drip, drip, drip of models no longer featuring stick shifts is announced. Each preservation of driver control of gear selection, such as that of the […]

James Spindler, ‘Vicarious Liability for Managerial Myopia’

Abstract: This paper shows that fines on the firm (vicarious liability) can optimally deter misreporting by the firm’s manager. In a principal-agent model, shareholders choose whether to award equity compensation to a myopic (short-termist) manager. Equity induces effort and misreporting. The wedge between managerial and shareholders’ time horizons provides a measure of agency costs; more-myopic […]

‘In Search of the Missing Plaintiff’

David M Engel, The Myth of the Litigious Society: Why We Don’t Sue (2016). David Engel’s recent book, The Myth of the Litigious Society, has its roots in a piece published over two decades ago, by UCLA’s Richard Abel. In that piece, Abel challenged conventional wisdom by declaring that the ‘real tort crisis’ is an […]