Category Archives: Tort

‘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 […]

Christopher Robinette, ‘Harmonizing Wrongs and Compensation’

… The goal of this Article is to advocate for this synthesis as a general approach to tort theory. Incorporating compensation into tort law would match the motivations of many parties in the tort system and help improve its administration. I practiced tort law for seven years, usually representing plaintiffs. Some of my clients were […]

John Fourcade, ‘Ewing v Westport Insurance Company: Damages Recoverable or Damages Collectable?’

ABSTRACT Until Ewing v Westport Insurance Company, Louisiana’s Supreme Court had not determined whether damages in a legal malpractice suit should be limited to the collectable or recoverable amount from the underlying lawsuit. The Court ruled that collectibility of damages is not an affirmative defense in a legal malpractice action. In doing so, the ruling […]

Ronen Perry, ‘The Unidentified Wrongdoer’

ABSTRACT The Article addresses the untheorized and under-researched problem of strong unidentifiability in tort law, namely the victim’s occasional inability to identify the direct wrongdoer, or even an ascertainable group to which the wrongdoer belongs, and bring an action against him or her. This Article offers a systematic analysis and a general theoretical framework for […]

Chris Reinders Folmer, ‘Experimental Approaches to Private Law: The Case of Redressing Personal Injury’

ABSTRACT The inherent variability of cases in legal practice places important constrains on the conclusions that can be drawn from observations in actual litigation. Experimental approaches provide a powerful tool for legal scholars and policy makers to counter such limitations. Experimental approaches examine legal questions by means of laboratory or field experiments, which simulate litigation […]

‘Book Review: Markesinis’s German Law of Torts, Markesinis, Bell and Janssen eds, 5th ed, 2019′

Markesinis’s German Law of Torts, Basil Markesinis, John Bell and André Janssen eds, 5th ed, Hart 2019. The first edition of this book, printed in 1986, was entitled ‘A comparative introduction to the German Law of Torts’. That edition was comprised of an introductory section, providing the readers with general information on the German court […]

John Paul, ‘Workplace Cyber Harassment: Employer And Website Operator Liability For Online Misconduct’

ABSTRACT While workplace harassment has been a serious issue for many years, the rise of workplace harassment in cyberspace demonstrates the increasing complexity of this phenomenon. Workplace harassment law has not kept up with the evolution of online digital media. The current law treats only workplace harassment that occurs in traditionally protected settings such as […]

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 […]

‘Filling the Gaps in IIED’

Alex B Long, ‘Using the IIED Tort to Address Discrimination and Retaliation in the Workplace’, (March 31, 2021) University of Illinois Law Review (forthcoming), available on SSRN. The intentional infliction of emotional distress (IIED) is, in some ways, an outlier among the intentional torts. Most intentional torts are ancient, dating back centuries. By contrast, the […]

Thomas Ryan, ‘Is Truth Hanging on by a Thread?’

“… The goal of this Comment is to encourage lawmakers to pressure social media companies to fight disinformation by applying 47 USC § 230 of the United States Communication Decency Act (‘Section 230’ or ‘CDA’). This Comment will look at the emergence of deepfakes, how they are made, and the potential benefits and harms of […]