Category Archives: Negligence

‘Strict Liability is Dead, Long Live Strict Liability?’

“Anyone practising in employer’s liability personal injury litigation will be familiar with the strict approach to liability for work equipment imposed by the Provision and Use of Work Equipment Regulations 1998 (‘PUWER’). Regulation 5 of PUWER imposed strict liability in relation to defective equipment, arising from the extremely well-known decision in Stark v Post Office […]

Maytal Gilboa, ‘Multiple Reasonable Behaviors Cases: The Problem of Causal Underdetermination in Tort Law’

ABSTRACT This article introduces a significant yet largely overlooked problem in the law of torts: causal underdetermination. This problem occurs when the causal inquiry of a but-for test produces not one but two results, which are contradictory. According to the first the negligent defendant is the likely cause of the plaintiff’s injury, whereas according to […]

‘The Legal Infrastructure of Childbirth’

“Law endorses the ‘right of every individual to the possession and control of his own person’ including a ‘liberty interest [under the Due Process Clause] in refusing unwanted medical treatment’. However, in childbirth, the state controls the bodily choices of pregnant and birthing people through a patchwork of tort law standards and the regulation of […]

‘Contributory Negligence in Road Traffic Accidents: Seatbelts and Drunk Drivers’

“Findings of contributory negligence against passengers who fail to wear a seatbelt and those who voluntarily get into a car with a driver under the influence of alcohol or drugs are commonplace. This blog aims to set out the underlying principles for quantifying the appropriate deduction to make in either case and to consider the […]

Alexandra Foulkes de la Parra, ‘Genetic Villains’

ABSTRACT When a little boy’s doctors relied on his genetic test results to guide their treatment, they opted for medicines that eventually killed him. The lab that generated the genetic test results knew, at the time of the report, that these results might have meant something other than what was communicated to the doctors. Had […]

Kate Denning, ‘Public Liability Case Review 2021’

ABSTRACT This paper provides a concise summary of 10 key Australian public liability decisions handed down in 2019-2021. Denning, Kate, Public Liability Case Review 2021 (March 11, 2021).

Shailaja Nadarajah, ‘Student Suicide On-Campus: Tort Liability of Canadian Universities and Determining a Duty of Care’

ABSTRACT Suicide is a devastating issue that is increasingly affecting post-secondary students across Canadian university campuses. Despite growing awareness of this problem, research shows that mental health supports for post-secondary students in Canada remain insufficient and inaccessible. This paper argues that the law is also lagging behind. Currently, no legal recourse exists to find universities […]

Matthew Wansley, ‘The End of Accidents’

ABSTRACT In the next decade, humans will increasingly share the roads with autonomous vehicles (AVs). The deployment of AVs has the potential to dramatically reduce the frequency and severity of motor vehicle crashes. Existing liability rules give companies developing AVs insufficient incentives to develop that potential. Data from real-world autonomous driving indicates that today’s most […]

‘Causation in Occupational Cancer Claims: An Overview’

“The law adopts a nuanced approach to causation in occupational cancer claims. Practitioners dealing with such claims must be alive to the distinctions and difficulties that may arise in this area. This post provides an overview of the application of the different tests for causation, when they apply and their practical implications on case preparation […]

Marcus Roberts, ‘Causation and Reliance in New Zealand Negligence Cases’

ABSTRACT There have been a number of interesting judgments over the last two years concerning liability for negligent misstatements resulting in economic loss. This part of the seminar will look at decisions from the Supreme Court, the Court of Appeal and the High Court focusing in particular on the question of when a duty of […]