Category Archives: Tort

‘Evolving the Law: The Tort of Internet Harassment’

“Nowadays, a person’s life can be turned upside down by a comment made on the internet. Just ask Harvey Weinstein. Despite the power of the internet, we are just beginning to regulate it. In Ontario, the laws regarding decorum on the internet are in their infancy. The law on internet harassment has not been codified. […]

Paula Case, ‘Medicinal Cannabis Prescribing: A Study of Boundary Work and Medico-Legal Risk’

ABSTRACT The prescription of ‘unlicensed’ cannabis-based medicines was legalised in 2018. A ‘boundary work’ analysis of the post reform guidance issued for doctors reveals a discourse which frames the prescription of medicinal cannabis as a matter for clinical judgement, but also as fraught with medico-legal hazard. The article highlights a triad of rhetorical devices comprising […]

Christoph Busch, ‘Rethinking Product Liability Rules for Online Marketplaces: A Comparative Perspective’

ABSTRACT Over the past decade, the rise of online marketplaces such as Amazon.com has profoundly changed the retail landscape. The current pandemic has further accelerated consumers’ shift towards online buying in general and online marketplaces in particular. As a result, traditional distribution chains have been replaced by a market structure dominated by digital intermediaries. While […]

Harshitha Satish, ‘The Valdez Oil Spill, Environmental Impact and Corporate Liability’

ABSTRACT Despite the 21st century being more educated, richer, healthier, peaceful and better connected than the previous centuries, a negligent happening of the past – Exxon Valdez oil-spill of 1989 – still looms, hovers and monitors our actions today. Though it is not the largest oil spill recorded, the impact on the Alaskan shoreline makes […]

Janet O’Sullivan, ‘Illegality and Tort in the Supreme Court’

“The effect of illegality on claims in private law is an exceptionally knotty problem. In Patel v Mirza [2016] UKSC 42, an unjust enrichment claim, the Supreme Court (following the Law Commission’s nudge) adopted a discretionary approach, balancing relevant public policy concerns to determine whether an illegality defence applied. Lord Toulson identified a ‘trio of […]

Tatiana Cutts, ‘Possessable Digital Assets’

ABSTRACT I respond here to questions within the Electronic Trade Documents (2021) Law Commission Consultation Paper No 254, and the Digital Assets call for evidence (2021). I make specific recommendations regarding the criteria for possession, and argue that there is a case for extending liability in conversion to some digital assets (those identified by the […]

Baker, Avraham and Sebok, ‘The Mysterious Market for Post-Settlement Litigant Finance’

ABSTRACT Litigant finance is a growing and increasingly controversial industry in which financial firms advance a plaintiff money in exchange for ownership rights in the proceeds of the legal claim on a nonrecourse basis: A plaintiff must repay the advance only if compensation is ultimately received for the legal claim. The nonrecourse nature of this […]

Edmund Ursin, ‘Roger Traynor, the Legal Process School, and Enterprise Liability’

ABSTRACT Roger Traynor, who served on the California Supreme Court from 1940 to 1970, the last five years as Chief Justice, was one of America’s great judges. This Article compares Traynor’s view of the lawmaking role of courts with the dominant jurisprudential perspective of mainstream legal scholars at time, that of the legal process school. […]

‘Judges owed a duty of care, government concedes’

“Ministers and the senior judiciary owe judges a duty of care, the government has for the first time accepted in a landmark concession in a claim alleging judicial bullying and negligence. The admission comes amid growing complaints of bullying among the judiciary and could precipitate a flood of claims by judges …” (more) [Catherine Baksi, […]

‘Book Review: The Canadian Law of Obligations: Access to Justice

The Canadian Law of Obligations: Access to Justice. Edited by Hilary Young. Toronto: LexisNexis Canada, 2020. xxx, 255 p. Includes illustrations, bibliographic references, and index. ISBN 9780433505754 (softcover) $130.00. The Canadian Law of Obligations: Access to Justice is a compilation of nine scholarly legal papers on the law of obligations and the rights and duties […]