Category Archives: Tort

‘New Judgment: Stoffel and Co v Grondona [2020] UKSC 42’

“The Supreme Court unanimously dismissed the appeal concerning whether the Court of Appeal had erred in its application of the Patel v Mirza guidelines. Consequently, the respondent’s claim was not barred by the illegality defence. The respondent had had a business connection with Mr Mitchell. She agreed with Mr Mitchell in writing to provide her […]

‘Book review: The Reasonable Robot, Artificial Intelligence and the Law

“In the description of The Reasonable Robot, Artificial Intelligence and the Law by Ryan Abbott (University of Surrey) it says: ‘Abbott argues that the law should not discriminate between AI and human behaviour and proposes a new legal principle that will ultimately improve human well-being.’ This Kat was intrigued to find out more! The book […]

van der Velden, Contino, Akkermans and Das, ‘Victims of Medical Errors and the Problems They Face: A Prospective Comparative Study Among the Dutch Population’

ABSTRACT Background: A large number of studies are devoted to medical errors, but only a few focused on the problem’s victims of these errors face. Prospective comparative studies on this topic are absent. The aim of this prospective comparative study is to fill this gap of scientific knowledge that may help to improve the care […]

Just Published: Misleading Silence (Bant and Paterson eds)

This collection brings together a team of outstanding scholars from across the common law world to explore the treatment of misleading silence in private law doctrine and theory. Whereas previous studies have been contractual in focus, here the topic is explored from across the full spectrum of private law. Its approach encompasses equitable and common […]

John Fabian Witt, ‘The Historical Logics of Work Accident Law’

Nate Holdren, Injury Impoverished: Workplace Accidents, Capitalism, and the Law in the Progressive Era (New York: Cambridge University Press, 2020). Pp 300. $59.99 (hardcover). ISBN: 978-1108488709. If reading books like Nate Holdren’s new Injury Impoverished is what happens to mid-career scholars, then I’m all for aging. Holdren has written a brilliant, impassioned, and intellectually stimulating […]

AB Wessels, ‘Establishing Legal Certainty in Novel Pure Economic Loss Cases’

INTRODUCTION In a previous article, attention was given to the two major contesting views related to the criterion for wrongfulness in pure economic loss cases – the ‘traditional approach’ and the ‘new approach’. In this article, the focus shifts to a different issue: given that liability for pure economic loss clearly involves the application and […]

Saw, Chan and Chai, ‘Revisiting the law of confidence in Singapore and a proposal for a new tort of misuse of private information’

ABSTRACT This article critically examines the recent Court of Appeal decision in I-Admin (Singapore) Pte Ltd v Hong Ying Ting [2020] 1 SLR 1130 and its implications for the law of confidence. The article begins by setting out the decision at first instance, and then on appeal. It argues that the Court of Appeal’s ‘modified […]

Vines and Akkermans, ‘An Overview of Some Unexpected Consequences of Compensation Law

ABSTRACT This is the introductory Chapter 1 of Prue Vines and Arno Akkermans (eds) Unexpected Consequences of Compensation Law, Oxford, Hart Publishing, 2020 (preprint). This book explores the performance of compensation law in addressing the needs of the injured. Compensation procedure can be dangerous to your health and may fail to compensate without aggravation/creating other […]

Rössler and Friehe, ‘Liability, morality, and image concerns in product accidents with third parties’

ABSTRACT This paper explores how consumers’ moral and image concerns influence the equilibrium in a product-accident model in which third parties incur harm. We differentiate results according to whether the product is supplied by a monopolistic firm or competitive ones. Assuming incomplete compensation of third parties, we find that both moral and image concerns of […]

Hui Yun Chan, ‘Hospitals’ Liabilities in Times of Pandemic: Recalibrating the Legal Obligation to Provide Personal Protective Equipment to Healthcare Workers’

ABSTRACT The Covid-19 pandemic has precipitated the global race for essential personal protective equipment in delivering critical patient care. This has created a dearth of personal protective equipment availability in some countries, which posed particular harm to frontline healthcare workers’ health and safety, with undesirable consequences to public health. Substantial discussions have been devoted to […]