Category Archives: Tort

Govind Persad, ‘Risk, Everyday Intuitions, and the Institutional Value of Tort Law’

ABSTRACT This Note offers a normative critique of cost-benefit analysis, one informed by deontological moral theory, in the context of the debate over whether tort litigation or a non-tort approach is the appropriate response to mass harm. The first Part argues that the difference between lay and expert intuitions about risk and harm often reflects […]

Phillip Morgan, ‘Judgment-Proofing Voluntary Sector Organisations from Liability in Tort’

ABSTRACT Voluntary sector organisations (VSOs) may use ordinary principles of law to protect themselves from tort liabilities by rendering themselves judgment-proof. There are two viable judgment-proofing systems available to VSOs: (1) charitable purpose trusts, and (2) group structures. Whilst these systems are not fool-proof, they offer significant protection from tort liabilities. However, judgment-proofing may come […]

Rebecca Crootof, ‘The Internet of Torts: Expanding Civil Liability Standards to Address Corporate Remote Interference’

ABSTRACT Thanks to the proliferation of internet-connected devices that constitute the ‘Internet of Things’ (‘IoT’), companies can now remotely and automatically alter or deactivate household items. In addition to empowering industry at the expense of individuals, this remote interference can cause property damage and bodily injury when an otherwise operational car, alarm system, or implanted […]

Smith and Neznamov, ‘It’s Not the Robot’s Fault! Russian and American Perspectives on Responsibility for Robot Harms’

ABSTRACT As automated vehicles, personal robots, and other cyberphysical systems enter our world, law must confront important questions about civil liability for harms caused by these systems. Two legal scholars – one from Russia and one from the United States – come together to tackle these questions with an integrated approach that draws on the […]

Achas Burin, ‘The positive duty of prevention in the common law and the Convention’

ABSTRACT Twenty years after the Human Rights Act 1998 came into force, where are we in our understanding of the relationship between tort and human rights? This paper argues that we are not as far along in our understanding as we could be. The reason for that has been the methodology we used to understand […]

Cyra Akila Choudhury, ‘The Common Law As a Terrain of Feminist Struggle’

ABSTRACT Many feminists have written off the common law because it is slow moving and tends to be conservative.It does not yield the kind of dramatic outcomes and reversals of precedent that federal or state constitutional cases do. Nevertheless, at the heart of it, the common law protects vital negative liberties which prevent the state […]

Mor and Pikkel, ‘Disability, Rights, and the Construction of Sexuality in Tort Claims’

ABSTRACT This study empirically investigates how courts define sexuality of disabled persons in the absence of a formal right to sexuality. The focus of the study is tort law, a field ungoverned by direct disability rights legislation, assuming that tort law is the law of disablement as it concerns the transformative process of becoming disabled. […]

O’Byrne and Schipani, ‘Personal Liability of Directors and Officers in Tort: Searching for Coherence and Accountability’

ABSTRACT The 21st century has been marred by corporate scandal after scandal, including financial fraud, pyramid schemes, international bribery, and decades of sexual harassment. This raises an important question regarding the role of corporate and tort law in controlling the behavior of corporate executives more broadly. It is clear that directors and officers should not […]

25th General Meeting of the Common Core of European Private Law Project: Trento, 5-7 December 2019

Thursday, December 5th: Meetings of small groups (on demand). Friday, December 6th: 9.00 Registration. 9.30-11.30 Meetings of working groups: Tort Law (Chair: Marta Infantino, University of Trieste), Contract Law (Chair: Aurelia Colombi Ciacchi, University of Groningen), Property Law (Chair: Filippo Valguarnera, University of Gothenburg; Alessandra Quarta, University of Turin) … (more)

‘Two sorts of labour: maternity and employment, medieval style’

“The plea rolls of the fifteenth century Court of Common Pleas have a lot of ‘labour law’ cases, based on the post-Black Death labourers legislation. Although each concerns a dispute which mattered massively to the individuals involved, the records are mostly fairly repetitive: parties argue as to whether there had been an agreement to serve, […]