Category Archives: Tort

Givati and Kaplan, ‘Harm Displacement and Tort Doctrine’

ABSTRACT A large literature in law and economics analyzes the phenomenon of crime displacement and its implications for criminal law. Yet a similar phenomenon of harm displacement in the tort context has been ignored by scholars. We develop a simple model of bilateral accidents which allows for harm to be displaced by the victim. We […]

‘“New Frontiers in Torts” Symposium at Southwestern’

“The Southwestern Law Review Symposium, ‘New Frontiers in Torts: The Challenges of Science, Technology, and Innovation’, will take place on Friday, February 7, 2020 at Southwestern Law School in Los Angeles. The Symposium is the inaugural event of Southwestern Law School’s Panish Civil Justice Program, which was endowed by one of the country’s leading trial […]

Goudkamp and Mayr, ‘Illegal Earnings’

ABSTRACT This article addresses the principles of tort law that govern claims in respect of lost illegal earnings. It focuses on common law jurisdictions (and the law in the United Kingdom in particular) where such claims, despite apparently being commonplace, have been largely ignored by academics. It describes the existing law and calls in aid […]

James Goudkamp, ‘International Impact and Influence: Three Landmark Cases from the Canadian Law of Obligations’

ABSTRACT This article, written in honour and celebration of Beverley McLachlin’s towering contributions to the common law, focuses on several decisions of the Supreme Court of Canada in the law of obligations. Those decisions, which will be taken in chronological order, are Norberg v Wynrib, Hall v Hebert and Bazley v Curry. Each case has […]

Thomas Verheyen, ‘Modern Theories of Product Warnings and European Product Liability Law’

ABSTRACT Scholars inside and outside Europe have recently argued that product liability law should recognise the sheer complexity of designing an adequate warning. In the US, for instance, it has been suggested that a plaintiff bringing a claim based on a defective warning should be required to prove which reasonable alternative warning would have prevented […]

Ahson Azmat, ‘Tort’s Indifference: Conformity, Compliance, and Civil Recourse’

ABSTRACT Leading accounts of tort law split cleanly into two seams. Some trace its foundations to a deontic form of morality; others to an instrumental, policy-oriented system of efficient loss allocation. An increasingly prominent alternative to both seams, Civil Recourse Theory (CRT) resists this binary by arguing that tort comprises a basic legal category, and […]

Israel Gilead, ‘Simplifying the Complexities of Negligence Law – A Joint Academic/Judicial Proposal’

ABSTRACT Over a century, common law judges, academics, and practitioners have struggled with the complexities of negligence law. All agree that negligence liability is imposed on a defendant whose unreasonable conduct caused foreseeable harm to the plaintiff, and who owed a duty of care to the plaintiff. But views differ considerably as to the meaning […]

Verbruggen and Kryla-Cudna, ‘The Union’s Liability for Failure to Adjudicate within a Reasonable Time: EU Tort Law after Gascogne, Kendrion and ASPLA

ABSTRACT In this article we examine the cases of Gascogne, Kendrion and ASPLA, in which the Court of Justice of the EU found itself confronted – for the first time – with a number of separate damages actions for breach of EU law, namely the alleged failure to adjudicate within a reasonable time as required […]

Vansweevelt, Lierman and Buelens, ‘No-fault Law on Medical Accidents in Belgium: An Evaluation after Six Years’

ABSTRACT After many years of criticism of the medical malpractice system based on negligence, Belgium introduced a law on medical accidents in March 2010. This law created a Medical Accidents Fund. Under this two-track system the victim of a medical accident has the choice to file a claim before the court or to seek compensation […]

Mark Lunney, ‘Common Law Codification: Lessons and Warnings from Twenty-First Century Australia’

ABSTRACT Codification of tort law is a rare phenomenon in the common law world. However, building on earlier precedents, in the early 2000s, Australian jurisdictions embarked on a project of placing important general principles of negligence law into legislation. This article considers these provisions and argues that they can be considered as an attempt to […]