Category Archives: Negligence

Jonathan Brown, ‘Obligations, consent and contracts in Scots law: re-analysing the basis of medical malpractice liability in light of Montgomery v Lanarkshire Health Board

ABSTRACT Professors MacQueen and Thomson have defined ‘contract’, within Scots law, as denoting ‘an agreement between two or more parties having the capacity to make it, in the form demanded by law, to perform, on one side or both, acts which are not trifling, indeterminate, impossible or illegal’. This definition reflects the fact that Scottish […]

Kumaralingam Amirthalingam, ‘Medical negligence and diagnosis: further inroads into Bolam?’

ABSTRACT The Bolam test allows medical professionals to set the standard of care in medical negligence litigation. There is growing recognition that the medical professional’s duty to the patient is complex and multifaceted and that Bolam may not be appropriate with respect to some aspects of the duty. Significantly, it has been rejected with respect […]

Bruce Feldthusen, ‘16888782 Ontario Inc v Maple Leaf Foods Inc: The Secret Death of Winnipeg Condominium’

ABSTRACT In 16888782 Ontario Inc v Maple Leaf Foods Inc the SCC changed the law governing recovery for pure economic loss caused by defective products or structures. It appears to 1) require the violation of the plaintiff’s recognized right to personal security or property and 2) even in the case of a violation of a […]

Carola Glinski, ‘Corporate Social Responsibility and Corporate Liability for Environmental Damage’

ABSTRACT This chapter analyses recent developments in tort law, namely in the English tort of negligence, which point towards increased liability of parent companies for damage caused by their subsidiaries. In particular, it discusses the relevance of CSR and environmental self-regulation and best practices for parent liability; which has been discussed controversially in English case […]

‘Professional liability update: 2020 year in review’

“The core issues considered in the most important professional negligence cases of 2020 cover five main themes, as follows: The practical consequences of the broad policy-based test laid down in recent years to determine when a claimant’s claim is ‘tainted’ by his wrongdoing; when it is an abuse of process to attack the outcome of […]

Ivan Sin, ‘The No Reflective Loss Principle in Marex v Sevilleja: One Step Forward, One Step Back’

ABSTRACT In Sevilleja v Marex Financial Ltd, a seven-member panel of the Supreme Court undertook a root-and-branch re-examination of the no reflective loss principle. While the Supreme Court’s unanimous rejection of the unprincipled expansion of the rule to creditors represents a welcome development of the law, it was held by a bare four to three […]

‘COVID-19 Suits, Preemption, and Workers’ Compensation’

“At Law.com, Amanda Bronstad covers suits by employees against Tyson Foods. The defendants in those cases have argued negligence claims are preempted by the Federal Meat Inspection Act and the Poultry Products Inspection Act. In the cases filed in Iowa, defendants also cited the workers’ compensation bar. Tyson opted out of workers’ compensation in Texas, […]

‘Virtual event: Civil Justice Fest’

Civil Justice Fest, November 2020, Law & Economics Center, Antonin Scalia Law School, George Mason University. Uploaded November 2020. Managing Dockets and Judicial Resources During COVID-19 While Preserving Standards of Fairness and Justice Looking Forward: Civil Justice Issues in the Next Administration and New Congress The Expanding Scope of Public Nuisance and Locality Litigation: The […]

Henrik Lando, ‘Two Advantages of the Negligence Rule Over Strict Liability when the Parties are Risk Averse’

ABSTRACT When parties are risk-averse and therefore take out insurance, the efficiency of a tort rule depends on how well the insurance contracts govern incentives, risk allocation and transaction costs under the rule. This article presents two overlooked or discarded advantages of the rule of negligence over strict liability, which appear when insurance contracts are […]

Michael Aondona Chiangi, ‘Principles of Medical Negligence: An Overview of the Legal Standard of Care for Medical Practitioners in Civil Cases’

ABSTRACT Medical negligence can result in dire consequences or even death of the victims in extreme cases. Despite the proliferation of literatures on this subject, the level of awareness still remains inadequate especially in Nigeria and has stalled the development of this area of law. In determining whether a medical practitioner’s conduct amounts to negligence, […]