Category Archives: Tort

‘“Causal potency” and contributory negligence’

“A lot could be said on causation as it relates to contributory negligence, but in this post I will restrict myself to commenting briefly on two fairly recent cases. The first is the Supreme Court’s decision in Jackson v Murray [2015] UKSC 5. The facts were (in short) that on a winter’s evening, a thirteen-year-old […]

‘Shiffrin on Morality and Negligence’

“Seana Shiffrin’s The Moral Neglect of Negligence (Oxford Studies in Political Philosophy vol 3) has been posted on dropbox. Here is an excerpt: ‘The moral significance of negligence is regularly downplayed in the legal and philosophical literature. Some question whether negligence is a coherent wrong at all, while others locate it on a fairly low […]

Guerra and Parisi, ‘Accident Aversion: An Experiment’

Abstract Tort models predict a symmetry in the behavior of tortfeasors and victims when respectively faced by strict liability or no liability. This paper relies upon the standard accident model and uses an original experimental design to investigate whether the prediction of the tort model holds in actual accident situations. Precisely, we study how individual […]

Edgar Aliferov, ‘The Role of Direct Injury Government Entity Lawsuits in the Opioid Litigation’

Abstract The opioid epidemic has ravaged the country, killing close to one hundred Americans daily and costing our nation upwards of $90 billion a year. All branches and levels of the government have pursued measures to combat the epidemic and reduce the societal costs of the crisis. Perhaps the most interesting response is the emergence […]

Emmanuel Voyiakis, ‘Causation and Opportunity in Tort’

Abstract This article shows that we can approach both ‘epistemic’ and ‘conceptual’ problems of causation in tort with the aid of a moral idea sketched out by HLA Hart and developed into a more general account by TM Scanlon. Applied to causation, that idea is that we may justify principles that require people to meet […]

Goudkamp and Katsampouka, ‘An Empirical Study of Punitive Damages’

Abstract This article reports and discusses the results of an empirical study of punitive damages. It examines 146 claims that were decided in all parts of the UK (save for Scotland, which does not recognise punitive damages) by first instance courts in the first 16 years of the twenty-first century. The study is the first […]

Mark Grady, ‘Justice Luck and the Law of Negligence’

Abstract Juries possess the power to forgive even obvious negligence and frequently exercise it. Judges and courts facilitate this disposition of cases and regularly affirm juries’ decisions to forgive negligence. This practice creates a problem for corrective justice theories of negligence, which commonly assert that the purpose of negligence law is to repair harm. This […]

McMichael and Viscusi, ‘Taming Blockbuster Punitive Damages Awards’

Abstract Blockbuster punitive damages awards, ie, those awards exceeding $100 million, attract attention based on their sheer size. While there have been fewer such awards in the last decade, they remain an important presence in the legal landscape. Taking notice of these and other large punitive damages awards, courts and state policymakers have taken steps […]

Antonio Davola, ‘A Model for Tort Liability in a World of Driverless Cars: Establishing a Framework for the Upcoming Technology’

Abstract The development of driving support and cruise assist systems in the automotive industry has been astonishing, accelerating dramatically in the last ten years: since the first DARPA Urban Challenge field tests have multiplied in the US – in California alone, there are currently 39 companies testing self-driving cars – and the once remote prospect […]

Gijs van Dijck, ‘Victim‐Oriented Tort Law in Action: An Empirical Examination of Catholic Church Sexual Abuse Cases’

Abstract Catholic Church sexual abuse cases have received worldwide attention, with lawsuits and nationwide investigations reported in various countries. This study examines a procedure – a hybrid between tort litigation and a victim compensation fund – that not only allowed sexual abuse victims to seek monetary compensation on an individual basis, but also nonmonetary relief, […]