Category Archives: Tort

Peyer and Heywood, ‘Walking on thin ice: the perception of tortious liability rules and the effect on altruistic behaviour’

ABSTRACT Laypeople are often deterred from undertaking altruistic acts, assuming that they face a risk of negligence liability should they injure others while helping. We argue that the laypeople’s interpretation of the law does not correspond with the courts’ interpretation of negligence liability. Reviewing the case law, we demonstrate that the courts treat such cases […]

‘Rethinking Tort Liability for Suicides’

Alex B Long, Abolishing the Suicide Rule, 113 Northwestern University Law Review 767 (2019). Suicide has become an important public-health problem, leading Alex Long to revisit the unduly neglected question of whether tort law should recognize wrongful-death actions for cases in which the defendant’s tortious conduct caused the victim to commit suicide. After describing the […]

Liu and Hyman, ‘Targeting Bad Doctors: Lessons from Indiana, 1975-2015’

ABSTRACT For physicians, quality of care is regulated through the medical malpractice and professional licensing/disciplinary systems. The medical malpractice (med mal) system acts through ex post private litigation; the licensing system acts through ex ante permission to practice (ie, licensure), coupled with ex post disciplinary action against physicians who engage in ‘bad’ behavior. How often […]

Ridge and Dietrich, ‘Challenging Conceptions of Accessory Liability in Private Law’

ABSTRACT This article concerns recent challenges to the utility of ‘accessory liability’ as an organising principle or concept in private law and argues that accessory liability is a coherent body of law with common features that is worthy of separate, holistic treatment. We defend a conceptual framework for accessory liability which is dynamic in its […]

‘UK Supreme Court decision in Vedanta: Finding a proper balance between Brussels I and the English common law rules of jurisdiction’

“On 10 April 2019, the UK Supreme Court passed its long awaited decision in Vedanta v Lungowe confirming that Zambian citizens, who have suffered from the environmental pollution caused by mining operations in Zambia, can pursue in England claims against Vedanta Resources Plc, an English-domiciled parent company, and Konokola Copper Mines plc, its foreign subsidiary […]

Tory Weigand, ‘Tort Law – The Wrongful Demise of “but for” causation’

ABSTRACT The observation by Professor Dobbs that ‘[t]he substantial factor test is not so much a test as an incantation’ remains compelling. The continued and widespread use of ‘substantial factor’ in lieu of ‘but for’ as the predominate means of defining causation in any multiple defendant or multiple cause case is troubling. ‘Substantial factor’ was […]

‘Legal Theory Lexicon: The Reasonable Person’

“The notion of a ‘reasonable person’ usually makes its first appearance in the Torts course. The context, of course, is the tort of negligence, where the ‘reasonable person’ is used to define the standard of care that triggers liability for unintentional harms. But what makes a ‘reasonable person’ reasonable? The concept of the reasonable person […]

‘UK Supreme Court Judgment in Vedanta

“Thank you to Veerle Van den Eeckhout for the tip-off. On 10 April 10 2019, the UK Supreme Court handed down its much anticipated judgment in the ‘Vedanta’ case. The judgment is currently raising many comments and discussions on Corporate Social Responsibility …” (more) [Thalia Kruger, Conflict of Laws .net, 20 April]

Michaela Merryfield, ‘(You’re) Having My Baby: Surrogacy Fees as a Cost of Future Care Award in Canadian Tort Law’

ABSTRACT In April 2017, the BC Supreme Court released its decision in Wilhelmson v Dumma. After a horrific motor vehicle collision in which she was critically injured, the plaintiff was left unable to bear children. Justice Sharma, in a precedent-setting decision, awarded the plaintiff $100,000 for future surrogacy fees under the head of cost of […]

Tara Van Ho and Carolijn Terwindt, ‘Assessing the Duty of Care for Social Auditors’

ABSTRACT This article analyses the appropriate duty of care under English tort law for social auditors towards third parties at risk of suffering damages from their negligence. After explaining the work of social auditors, the article considers whether the duty of care established for financial auditors is an appropriate one for social auditors. It concludes […]