Category Archives: Tort
Robert Walker, ‘Developing the Common Law: How Far is Too Far?’
Abstract: This piece examines situations in which judges are called upon to develop and modify the common law. By reference to a number of recent developments in the United Kingdom and Australia, namely the law of evidence and common law privilege, the right to privacy, and causation in the tort of negligence, the author elucidates [...]
Robert Rhee, ‘The Tort Foundation of Duty of Care and Business Judgment’
Abstract: This Article corrects a misconception in corporation law – the belief that principles of tort law do not apply to the liability scheme of fiduciary duty. A board’s duty of care implies exposure to liability, but the business judgment rule precludes it. Tort law finds fault; corporation law excuses it. The conventional wisdom says [...]
Eugenio Battesini, ‘Comparative Tort Law and Economics: Strict Liability in Brazilian Legal Practice’
Abstract: Law and economics has been received skeptically outside of the United States. Attributing this phenomenon to the “legal parochialism,” Nuno Garoupa suggests that the change in such a framework requires the development of academic works that use comparative methodology and that perform the integration of law and economics to local legal doctrines. Tort law [...]
Erik Knutsen, ‘Coping with Complex Causation Information in Personal Injury Cases’
Abstract: Nowadays, everything is always someone else’s fault. In the fault-based tort system in Canada, that often translates into injury cases exhibiting greater tendencies for presenting with complex information about how an injured victim’s injuries were caused. In many instances, the additional causation information is unwanted, irrelevant and muddies the task of applying causation doctrine [...]
James Henderson, ‘The Constitutive Dimensions of Tort: Promoting Private Solutions to Risk-Management Problems’
Introduction: “… Part II constructs a problem-solving perspective by setting out the conceptual framework: what problems are, what solutions are, and why it is helpful to distinguish between solving a problem and implementing a solution. Part II also identifies the nature and limits of the decisionmaking processes by which individuals and courts solve problems. Part [...]
Vadim Mantrov, ‘A Victim of a Road Traffic Accident Not Fastened by the Seat Belt and the EU Motor Insurance Law: CJEU Judgment in Vítor Hugo Marques Almeida‘
Abstract: This case note relates to the recent judgement (23 October 2012) by the Court of Justice of the European Union in the case No C-300/10 concerning interrelation of the European Union motor insurance law and the national civil liability regulation. As the civil liability arising from motor traffic accidents is not approximated by the [...]
Kit Barker, ‘Private and Public: The Mixed Meaning of Vindication in Torts and Private Law’
Abstract: This piece examines the meaning of vindication in private law and the relationship between this concept and the remedies which private law provides where rights are infringed. In contrast to some other approaches, it suggests that there is no single, institutional conception of what it means to vindicate rights in private law. Rather, it [...]
Nora Engstrom, ‘Bridging the Gap in the Justice Gap literature’
“Joanna Shepherd, Justice in Crisis: Victim Access to the American Medical Liability System, Emory Legal Studies Research Paper 12-222 (2012) available at SSRN. When we think about access to justice, we don’t tend to think about personal injury victims. Indeed, I recently completed a review of legal needs surveys from seventeen states, conducted between 2007 [...]
Claire McIvor, ‘Debunking Some Judicial Myths about Epidemiology and its Relevance to UK Tort Law’
Abstract: Due to the limitations of current medical knowledge, claimants in complicated disease litigation often experience difficulties in proving causation. This paper aims to demonstrate that in some instances these difficulties could be overcome through greater use of epidemiological evidence. To encourage greater use of such evidence, it is first of all necessary to address [...]
Call for Papers & Panelist: On the Unavoidable Intersection of Torts and Insurance – New York City, NY
“The AALS Section on Insurance Law and the AALS section on Tort Law will hold a program On the Unavoidable Intersection of Torts and Insurance during the AALS 2014 Annual Meeting in New York (January 2-5, 2014). The program will feature a panel of leading researchers on the intersection of torts and insurance. Panelists scheduled [...]
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