Category Archives: Tort

Call for Papers: Data-Driven Personalisation in Markets, Politics and Law: Southampton Law School, 28 June 2019

We will be holding a workshop on the topic of ‘Data-Driven Personalisation in Markets, Politics and Law’ on Friday 28 June 2019 at Southampton Law School. This is an important emerging area of law that goes well beyond data protection law, raising questions for criminal law, consumer protection, competition and IP law, tort law, administrative […]

Hila Keren, ‘Valuing Emotions’

ABSTRACT This Article illuminates an unresolved legal enigma: Why is private law so reluctant to compensate victims for emotional harms while it is fully committed to compensating them for any other type of harm? It proposes a novel analysis of the deeper roots of the problem and a solution. This Article shows that the persistent […]

Miller and Pojanowski, ‘Torts Against the State’

ABSTRACT The state provides the forum in which private parties can seek recourse for tortious wrongs other private parties cause. The state can also be liable for torts it commits. These observations are commonplaces. The state can also be a tort plaintiff, however, and that phenomenon has important implications for tort theory. Natural persons and […]

Helen Eenmaa-Dimitrieva, ‘The Problem of Dependency of Corrective Justice: Corrective Entitlements and Private Transactions’

ABSTRACT Several legal philosophers have argued that the principle of corrective justice provides the best explanation of various areas of the law – especially the law of torts. On the other hand, some philosophers of law and many economists of law have argued that the principle of corrective justice is not an independent principle of […]

‘Setting the Personal Injury Discount Rate’

“The Damages Act 1996, as amended by the Civil Liability Act 2018, requires the Lord Chancellor to consult the Government Actuary when reviewing the Personal Injury Discount Rate for the first time after the amendments made to the 1996 Act came into force …” (more) [Government Actuary’s Department, 22 January]

Alex Long, ‘Abolishing the Suicide Rule’

ABSTRACT Suicide is increasingly recognized as a public health issue. There are over 40,000 suicides a year in the US, making suicide the tenth-leading cause of death in the country. But societal attitudes on the subject remain decidedly mixed. Suicide is often closely linked to mental illness, a condition that continues to involve stigma and […]

Ori Herstein, ‘Nobody’s Perfect: Moral Responsibility in Negligence’

ABSTRACT Given the unwittingness of negligence, personal responsibility for negligent conduct is puzzling. After all, how is it that one is responsible for what one did not intend to do or was unaware that one was doing? How, therefore, is one’s agency involved with one’s negligence so as to ground one’s responsibility for it? Negligence […]

Zabinski and Black, ‘The Deterrent Effect of Tort Law: Evidence from Medical Malpractice Reform’

ABSTRACT We examine whether caps on non-economic damages in medical malpractice cases affect in-hospital patient safety. We use Patient Safety Indicators (PSIs) – measures of adverse events – as proxies for safety. In difference-in-differences (DiD) analyses of five states that adopt caps during 2003-2005, we find that patient safety gradually worsens after cap adoption, relative […]

Paterson and Bant, ‘In the Age of Statutes, Why Do We Still Turn to the Common Law Torts?: Lessons from the Statutory Prohibitions on Misleading Conduct in Australia’

ABSTRACT One unique feature of Australian Consumer Law is that the protection afforded by the statutory prohibition on misleading conduct is not limited to individual consumers but extends to all parties in ‘trade or commerce’. Liability under the statutory regime does not require any element of fault and offers a broad range of remedies to […]

Sara Gold, ‘When Pokémon GO(es) Too Far: Augmented Reality and Tort Law’

ABSTRACT No one could have anticipated the drastic consequences of Pokémon GO, which quickly became the most popular smartphone game in U.S. history with more than $2 billion in global revenue from July 2016 to December 2018. In this augmented-reality game, players are required to travel with their phones to real-life locations in order to […]