Category Archives: Tort

Mary-Elizabeth Tumelty, ‘Calculating the Cost of Medical Negligence Litigation’

Introduction Medical negligence litigation is frequently criticised due to concerns that the traditional adversarial process is financially burdensome. During the height of the ‘medical malpractice crisis’ in the United States in the 1990s, Bovbjerg observed, ‘folklore, anecdote, and stereotypes predominate the tort reform debate … because solid information has been scarce for many years’. Although […]

Steven Shavell, ‘The Mistaken Restriction of Strict Liability to Uncommon Activities’

Abstract Courts generally insist that two criteria be met before imposing strict liability. The first – that the injurer’s activity must be dangerous – is sensible because strict liability possesses general advantages in controlling risk. But the second – that the activity must be uncommon – is ill-advised because it exempts all common activities from […]

Vivek Sehrawat, ‘Liability Issue of Domestic Drones’

Abstract Drones are much debated as weapons of war and due to privacy issues. Drones are also now under development for package delivery. This paper examines the potential liability associated with the domestic use of drone aircrafts and offers solutions for drone liability. This paper also examines potential drone liability through the lens of existing […]

Yonathan Arbel, ‘Book Review: Civil Justice Reconsidered: Toward a Less Costly, More Accessible Litigation System

Abstract A book review of Steven P Croley’s book Civil Justice Reconsidered: Toward a Less Costly, More Accessible, Litigation System (NYU Press, 2017). In this review, I evaluate Professor Croley’s engaging book and highlight the various contributions to the public discussion of tort reform and other critical issues affecting our system of civil justice. The […]

John Goldberg, ‘You Can’t Spell “America” Without C A R’

Nora Freeman Engstrom, When Cars Crash: The Automobile’s Tort Legacy, 53 Wake Forest Law Review 293 (2018). For the past century, the car accident has served as the paradigmatic (über-?) tort. What does this tell us about tort law’s past, present, and future? Nora Freeman Engstrom’s elegant and informative When Cars Crash offers some highly […]

Tom Cornford, ‘Assumption Of Responsibility By Public Authorities’

Abstract Since the House of Lords’ decision in the Gorringe case, there can be no reason for imposing a duty of care in negligence on a public authority that would not also count as a reason for imposing a duty of care on a private person. In this context assumption of responsibility, as the primary […]

Sofia Yakren, ‘“Wrongful Birth” Claims and the Paradox of Parenting a Child with a Disability’

Abstract … This Article shifts the blame from mothers to the legal system. While wrongful birth proceedings portray mothers’ feelings about their children as categorically negative, real life accounts and social science findings reveal the true paradoxical experiences of all mothers, including plaintiff-mothers raising children with disabilities. To acknowledge this complex reality and mitigate the […]

Barbara Billauer, ‘The Sperm-Banking Crisis and the Need for a New Means of Legal Redress or New Tricks for Old Torts’

Abstract Faced with an increase in sperm bank ‘accidents’ – the lacuna of suitable legal redress begs to be filled. This article demonstrates for the first time that some harms imposed by sperm banks transcend merely violating personal goals of the parent and rights of the child but infringes societal rights by saddling it with […]

Neil Foster, ‘Tort Liability of Churches for Clergy Child Abuse after the Royal Commission: Implications of Developments in the Law of Vicarious Liability and Non-Delegable Duty’

Abstract While the Royal Commission into Institutional Responses to Child Sexual Abuse has made a number of recommendations concerning a range of Australian institutions, some of the most difficult issues concern the liability of Christian churches. While the churches are committed to being part of a statutory recompense scheme, there seems no doubt that general […]

Richard Wright, ‘Allocating Liability Among Multiple Responsible Causes: Principles, Rhetoric and Power’

Abstract In Part II of this paper, I discuss the principles underlying just allocation of liability among the multiple responsible causes of an indivisible injury. I argue that those principles support either (1) the standard method adopted by almost all courts, according to which the plaintiff’s claim for compensation is reduced by her percentage of […]