Category Archives: Tort

Martha Chamallas, ‘Will Tort Law Have its #MeToo Moment?’

Abstract Using tort law’s treatment of claims for domestic violence and sexual assault as examples, this essay identifies prominent features of a feminist historical approach to law to demonstrate how gender inequality is reproduced over time, despite changes in legal doctrine. When informed by feminist theory, history can function as a critique of past and […]

Bunn and Douglas, ‘Breaking New Ground? Nuisance, Negligence and Pure Economic Loss in Marsh v Baxter

Abstract In Marsh v Baxter the WA Supreme Court resolved a dispute between organic farmers, the Marshes, and their genetically-modified-crop-growing neighbour, Mr Baxter. Causes of action in negligence and nuisance each failed. The court denied that Baxter owed the Marshes a duty to prevent swathes of GM material entering their property, and denied that Baxter […]

Visa Kurki, ‘Rights, Harming and Wronging: A Restatement of the Interest Theory’

Abstract This article introduces a new formulation of the interest theory of rights. The focus is on ‘Bentham’s test’, which was devised by Matthew Kramer to limit the expansiveness of the interest theory. According to the test, a party holds a right correlative to a duty only if that party stands to undergo a development […]

Iain Field, ‘Contributory Negligence and the Rule of Avoidable Losses’

Abstract It is often claimed that the rules of contributory negligence apply to unreasonable claimant conduct that occurs prior to or contemporaneously with the defendant’s wrong, whereas the rule of avoidable losses (failure to mitigate) applies to unreasonable claimant conduct that occurs after the defendant’s wrong. Others argue that this distinction is normatively indefensible, since […]

Matti Urho, ‘Compensation for Drug-Related Injuries’

Abstract The purpose of this article is to answer the following question: What are the qualifications required of a viable compensation scheme for drug-related injuries in the future? To answer this question the no-fault systems in four Nordic states are examined and compared to other systems fully or partially arranged on no-fault principles in Europe […]

Call for Papers: ‘Reputation as Property’

In this workshop, organised in association with the Private Law Group at Trinity College Dublin, we seek to bring together property and torts scholars to discuss both theoretical and doctrinal approaches to the question of whether reputation is property or not. We are interested in examining the contexts in which reputation as property already exists […]

Michael Duff, ‘How the US Supreme Court Deemed the Workers’ Compensation Grand Bargain ‘Adequate’ Without Defining Adequacy’

Abstract During the second and third decades of the twentieth century, the US Supreme Court issued a handful of opinions rejecting 14th Amendment constitutional challenges by employers to implementation of workers’ compensation statutes in the United States. Unknown to many, the statutes were largely the fruit of privately-sponsored investigations, principally by the Russell Sage Foundation […]

Medical Litigation Conference, NUI Galway, Saturday 20th October, 9am-4.30pm

The School of Law NUI Galway and Dr Stephen Kearns, Consultant Orthopaedic Surgeon, Bon Secours Hospital, Galway, are delighted to host a one-day conference on medical negligence litigation at NUI Galway on Saturday 20th October, 2018. The conference is aimed at medical and legal practitioners and will address key issues in medical negligence … (more)

Martha Chamallas, ‘Will Tort Law Have Its #Me Too Moment?’

Abstract Using tort law’s treatment of claims for domestic violence and sexual assault as examples, this essay identifies prominent features of a feminist historical approach to law to demonstrate how gender inequality is reproduced over time, despite changes in legal doctrine. When informed by feminist theory, history can function as a critique of past and […]

Manuel Ángel De las Heras García, ‘Guilt, Risk and Civil Liability in Spain’

Abstract The offenses typify those socially reprehensible behaviors that are tried to avoid with the threat of suffering a punishment or sanction, that is to say, with the penal legislation. On the other hand, civil infractions tend to be remedied (but not punished) by applying the principle of equivalence, for which the responsible assumes the […]