Category Archives: Tort

‘Rethinking Actual Causation in Tort Law’

“The concept of causation is central to myriad areas of tort law: a defendant commits simple battery only if she ‘intentionally causes bodily contact’ with another; she trespasses only if she ‘intentionally enters or causes tangible entry upon the land in possession of another’; she is liable for negligence only if she ‘causes personal injury […]

Thomas McMahon, ‘The Horrors of Canada’s Tort Law System: The Indian Residential School Civil Cases’

Abstract: For 17 years, between 1988 and 2005, victims of the multitude of abuses at Indian Residential Schools tried to obtain justice through Canada’s civil court system. They were fought at every stage and with every litigation manoeuvre available to Canada and the churches. Their claims for loss of parental affection, language and culture were […]

‘How Important is Community to Tort Law?’

Christina Carmody Tilley, Tort Law Inside Out, 126 Yale Law Journal 1321 (2017). Christina Tilley’s new article on the purpose of tort law is audacious. It boldly claims that other tort theorists have got it wrong: tort law is not primarily concerned with efficiency or morality but instead (spoiler alert!) is all about constructing community. […]

Brooke MacKenzie, ‘Shifting Blame? Reassessing the Tort of Inducing Breach of Contract Following AI Enterprises v Bram

Abstract: This paper argues that it is time to critically assess the tort of inducing breach of contract and whether its recognition can be justified by Canadian common law in the modern economy. Considering the principles articulated by the Supreme Court of Canada in AI Enterprises v Bram, I argue that the tort can be […]

‘Despite Trump, Federal “Tort Reform” Makes A Hasty Retreat’

“Donald Trump’s 2018 health care budget proposal is loaded with all kinds of campaign talking points: repealing Obamacare, slashing Medicaid, severely cutting federal programs (like Children’s Health Insurance). But it also includes things that were never mentioned a single time during the election campaign, like stripping away the rights of patients severely injured by medical […]

Donal Nolan, ‘Rights, Damage and Loss’

Abstract: This article is an exploration of the relationship between the concepts of rights, damage and loss. The focus of the analysis is on the law of negligence, though some of the claims have wider ramifications. The article is divided into three main sections: first, on the relationship between rights and damage; second, on the […]

Goudkamp and Plunkett, ‘Vicarious liability in Australia: on the move?’

Abstract: The recent decision of the High Court of Australia in Prince Alfred College v ADC is a landmark case in the law of vicarious liability. It is the first time in almost 14 years that the High Court has grappled in earnest with the second stage of the test for vicarious liability. This note […]

Bruce Feldthusen, ‘10 Reasons to Reject Unique Public Duties of Care in Negligence’

Abstract: In Michael v The South Wales Police the UKSC struck out a fatal accidents claim brought by the family of a victim of domestic abuse. Two different police forces bungled Ms Michael’s calls to the emergency line immediately before she was murdered. The claim failed because the court held that the law ought not […]

Iain Field, ‘A good-faith challenge to the taxonomy of tort law defences’

Introduction: … The argument develops incrementally in five substantive parts. Part II outlines the range of circumstances in which good faith ‘protections’ (to use a neutral term that encompasses, but is not limited to, the possible definitions of ‘defences’ examined later in this article) operate in tort law, and demonstrates why – subject to the […]

‘The Algorithm Made Me Do It and Other Bad Excuses’

“As the outputs of algorithms increasingly pervade our everyday lives – from wayfinding apps and search engine autofill results to investment advice and self-driving cars – we must also come to terms with who should be held accountable when those algorithms cause harm, and how. In the lives of many people, algorithms are harmless, even […]