Category Archives: Tort

Catherine Sharkey, ‘Institutional Liability for Employees’ Intentional Torts: Vicarious Liability as a Quasi-Substitute for Punitive Damages’

Abstract Modern day vicarious liability cases often address the liability of enterprises and institutions whose agents have committed intentional acts. Increasingly, when an employer is sued, the line is blurred between the principal’s vicarious liability for its agent’s acts and its own direct liability for hiring and/or failing to supervise or control its agent. In […]

Abraham and Kendrick, ‘There’s No Such Thing as Affirmative Duty’

Abstract Tort law has long distinguished between misfeasance, which is accompanied by a duty of care, and nonfeasance, which is generally not. Thus a driver has a duty to brake for a pedestrian in the street, but a bystander has no duty to rescue him. Only in rare cases do parties like the bystander have […]

Pita Roycroft, ‘Wilkinson v Downton after Rhodes and its Future Viability in New Zealand’

Abstract This article analyses the tort in Wilkinson v Downton, commonly referred to as intentional infliction of emotional distress, in light of the United Kingdom Supreme Court’s decision in Rhodes v OPO. After considering the three base elements of the Rhodes Court’s newly reformulated tort, and giving a brief introduction to the New Zealand equivalent, […]

Ganguly, Setzer and Heyvaert, ‘If at First You Don’t Succeed: Suing Corporations for Climate Change’

Abstract This article discusses the history and the future prospects of private climate litigation, which seeks to hold private entities legally accountable for climate change-related damage or threats of damage. It argues that, following failed attempts to clear judicial thresholds with regard to standing, proof of harm and causation, a new wave of private climate […]

Civil Liability Bill – ‘a technical argument between the insurance lobbyists and the legal services lobbyists’

“This title was one MP’s description of the Bill’s provisions (the whiplash reforms, in the main) during yesterday’s long and highly polarised debates on report and third reading of the Bill. The Bill was passed without further amendment (save for a minor linguistic tweak by the Government) by a healthy Government majority of 56. It […]

Michelle Sellwood, ‘The Road to Autonomy’

Abstract This Comment discusses the background of AI and robotics, the technology behind the autonomous vehicle, and the evolution of products liability laws. Part III examines current regulations, the benefits of autonomous technology, and the need for a definitive liability framework. Part IV discusses why current tort liability laws will be ineffective in governing autonomous […]

‘Small Company Held Vicariously Liable for Acts of Its Managing Director at Late Night Drinking Session after Work Christmas Party’

“In Bellman v Northampton Recruitment Limited [2018] EWCA Civ 2214 the Court of Appeal has found that a company is vicariously liable for the violent assault by its Managing Director, committed at an unplanned after-party following a work Christmas party, and at a different location to the pre-arranged work event. The decision, which was handed […]

Marie Reilly, ‘Catholic Dioceses in Bankruptcy’

Abstract The Catholic Church is coping with mass tort liability for sexual abuse of children by priests. Since 2004, eighteen Catholic organizations have filed for relief in bankruptcy. Fifteen debtors emerged from bankruptcy after settling with sexual abuse claimants and insurers. During settlement negotiations, sexual abuse claimants and debtors clashed over the extent of the […]

Gabrielle Holly, ‘Transnational Tort and Access to Remedy under the UN Guiding Principles on Business and Human Rights: Kamasaee v. Commonwealth

Abstract The Guiding Principles on Business and Human Rights (‘UNGPs’) set out a tripartite framework outlining the human rights obligations of states and responsibilities of business. However, until recently, little attention has been paid to the aspect of the framework that deals with access to remedy for victims of business-related human rights abuse. Renewed focus […]

‘Climate Change, Responsibility and Liability’: International Conference, Graz, Austria, 8-10 November 2018

“Conference Program: Thursday, November 8th, 2018: University of Graz, Aula – 9:00 Welcome: Dean, Faculty of Law. Climate change, impacts and attribution of anthropogenic causes: status and challenges Gottfried Kirchengast, Douglas Maraun, Andrea Steiner, University of Graz; Oslo Principles and Climate Principles for Enterprises Jaap Spier, University of Amsterdam; Attribution of moral and political responsibilities […]