Category Archives: Negligence

Lawrence Kessler, ‘Alternative Liability in Litigation Malpractice Actions: Eradicating the Last Resort of Scoundrels’

ABSTRACT The legal malpractice tort, however, has managed to withstand the winds of legal change. Particularly crucial has been the refusal to apply alternative causation doctrines. The refusal to apply causation doctrines that have been embraced in other areas has significant social effects. As a result, the consumers of legal services receive less protection from […]

Peter Watts, ‘The Quincecare duty: misconceived and misdelivered’

INTRODUCTION The ‘Quincecare duty’ refers to a putative duty on a bank owed to a customer not to follow the instructions of a person authorised to operate the customer’s bank account, ‘a mandatary’, when it has reasonable grounds for believing that the mandatary is dishonestly using his or her power. It will be submitted in […]

Gerald Boston, ‘Strict Liability for Abnormally Dangerous Activity: The Negligence Barrier’

ABSTRACT My main thesis is that the doctrine of strict liability for abnormally dangerous activity (which I sometimes refer to by the acronym SLADA), memorialized in sections 519 and 520 of the Restatement (Second) of Torts, has evolved to the point of near extinction because courts have concluded that the negligence system functions effectively to […]

Richard Ausness, ‘Is Litigation the Way to Combat the Opioid Crisis?’

ABSTRACT This paper examines the lawsuits brought by state and local government entities against prescription opioid producers and sellers. It examines their potential liability as well as some of the defenses they might raise. The paper also discusses multidistrict litigation and government lawsuits in state court. It concludes that litigation is not the best solution […]

Frank Vandall, ‘Suing The NRA for Damages’

ABSTRACT A solution is needed for the gun violence epidemic, where approximately 15,000 innocent persons are shot to death each year. Close analysis reveals that meaningful legislative solutions have failed to move forward. The reason for this failure is the National Rifle Association’s (NRA) stranglehold on federal and state legislators. This Article explores a nonlegislative […]

‘Reproductive Exceptionalisms’

Dov Fox, Birth Rights and Wrongs: How Medicine and Technology are Remaking Reproduction and the Law (2019). Over the past four decades, people have increasingly turned to reproductive technologies to form their families. As technologies such as egg freezing, in-vitro fertilization, and pre-implantation genetic diagnosis have developed and improved, processes that were once left to […]

Griffin and Briffa, ‘Still Awaiting Clarity: Why Victoria’s New Civil Liability Laws for Organisational Child Abuse Are Less Helpful than They Appear’

ABSTRACT In 2017 Victoria became the first Australian jurisdiction to initiate substantive reforms to its civil liability laws, to address barriers faced by plaintiffs seeking to hold institutions liable for child abuse. The new law, based on recommendations arising from a Victorian inquiry, establishes a statutory duty of care owed by organisations to take reasonable […]

Luke Haqq, ‘Reconsidering Wrongful Birth’

ABSTRACT The tort action for ‘wrongful birth’ has a history dating back at least to the 1960s, when it emerged along with the claims for ‘wrongful life’ and ‘wrongful conception’. Since their incipience, this trio of lawsuits has generated an expansive commentary, reaching into thousands of articles in the legal literature alone. With a divide […]

Lucas Brandão Borges Caiado, ‘Understanding State Liability for Damages Caused by Negligent Investigations and Lawsuits – An Analysis of the Brazilian Case in the Light of British and French Experiences’

ABSTRACT General investigations and lawsuits held under Brazilian jurisdiction are considered public records and negligent actions triggered by misuse of power can lead to right violations and cause losses to individuals and companies. In the last decade, the country has been experiencing changes when it comes to corruption. For the first time in history powerful […]

‘Daughters’ psychiatric claims restored over witnessing of father’s death’

“The High Court has ruled it was wrong to strike out secondary victim claims from daughters who witnessed their father die after he was allegedly victim of clinical negligence. The girls, aged 12 and nine at the time, claim for a psychiatric injury suffered as a result of witnessing the event for a type of […]