Category Archives: Tort

‘What Tort Law Is’

Gregory C. Keating, Is Tort Law ‘Private’?, in Civil Wrongs and Justice in Private Law (Paul B Miller and John Oberdiek, eds) (forthcoming Oxford University Press), available at SSRN. Tort law is no stranger to controversy. What duty does an employer owe to children sickened by workplace carcinogens brought home on parents’ clothing? What damages […]

‘Autonomous Vehicles, Software and Product Liability: Have the Law Commissions Missed an Opportunity?’

“Whether the Consumer Protection Act 1987 (CPA) applies to software is a topic of considerable uncertainty. Since the 1980s practitioners and scholars have debated whether the European product liability regime (Directive 85/374/EEC), which the CPA implements, applies to products with some software smarts – like that in automated industrial tools, aeroplanes and computers controlling nuclear […]

‘Russell on Streetcar Torts’

“Thomas D Russell, University of Denver Sturm College of Law, has posted Blood on the Tracks: Turn-of-the-Century Streetcar Injuries, Claims, and Litigation in Alameda County, California: ‘Streetcars were great American tortfeasors of the turn-of-the-century, injuring approximately one 331 urban Americans in 1907. In this empirical study, I consider the entire run of streetcar injuries, claims, […]

Raheel Ahmed, ‘The Influence of “Reasonableness” on the Element of Conduct in Delictual or Tort Liability – Comparative Conclusions’

ABSTRACT In this contribution the influence of reasonableness on the element of conduct in the South African law of delict will be analysed and compared with the requirement of some form of conduct in English tort law, American tort law and the French law of delict. Fundamental similarities and differences among the different legal systems […]

Tiffany Colt, ‘The Resurrection of The Consumer Expectations Test: A Regression in American Products Liability’

ABSTRACT Thirty-five of the forty-six states that acknowledge strict products liability utilize some form of risk-utility analyses to determine whether a product is defectively designed. In two recent court decisions, the supreme courts of Florida and Nevada departed from this majority trend for design defect analyses in product liability. In Aubin v Union Carbide Corp […]

Rizzi and Vicente, ‘Defectiveness and Causation in Vaccine Liability Cases – the Jurisprudence of the Supreme Court of the United States and the Court of Justice of the European Union’

ABSTRACT The reflection we undertake is two-pronged. We analyse the policy arguments put forth in crucial decisions by the European and American highest courts to sanction vaccine-related injuries. In parallel, we investigate the place and role of scientific evidence in the legal framework disciplining liability of vaccine manufacturers. In doing so, we will identify convergence […]

Paula Giliker, ‘Mr Tony Weir (1936-2011)’

ABSTRACT The scholarship of Tony Weir extends across Tort and Comparative law. He was a renowned translator of key comparative law texts such as Zweigert and Kötz’s, An Introduction to Comparative Law. He was also a popular writer of student textbooks such as A Casebook on Tort (10 editions) and An Introduction to Tort Law […]

John Harris, ‘The Immoral Machine’

ABSTRACT In a recent paper in Nature entitled ‘The Moral Machine Experiment’, Edmond Awad, et al make a number of breathtakingly reckless assumptions, both about the decisionmaking capacities of current so-called ‘autonomous vehicles’ and about the nature of morality and the law. Accepting their bizarre premise that the holy grail is to find out how […]

‘Browser Generated Information: “loss of control” entitles search engine users to compensation’

“Richard Lloyd v Google LLC [2019] EWCA Civ 1599: The Court of Appeal has ruled that a claimant can recover damages for loss of control of their data under section 13 of Data Protection Act 1998 without proving pecuniary loss or distress. The first instance judge, Warby J, had dismissed Mr Lloyd’s application for permission […]

Digital Rights in Brexit – Changes and Challenges: Institute of Advanced Legal Studies, 22 November 2019

“Whether based on doctrinal analysis, or empirical research, the conference will explore original perspectives on the implications posed by Brexit. This scope covers both the impact on digital rights of an impending Brexit since the 2016 referendum to date, as well as the potential consequences for digital rights on leaving the EU for all individuals […]