Category Archives: Tort

‘The Dangers of Driverless Cars’

“The concept of driverless cars is here to stay. America is competing in a global race to make driverless cars the norm, and as predicted, nearly all major car manufactures currently offer vehicles with varying levels of autonomy. Today, more people seem to want driverless cars, there is currently little legislation controlling the industry, and […]

‘Personal injury reform – a pain in the neck?’

“At the end of this month the ‘Official Injury Claim’ portal for low-value road traffic accident claims finally goes live. With legal fees for RTA claims under £5,000 no longer recoverable, injured people should be able to submit their claims through the new portal without needing a lawyer. This is a huge step, and it […]

‘“Judging” Autonomous Vehicle Liability’

“Conventional wisdom implies that, on balance, judges, as a group and in their professional capacity, tend to disfavor new technologies. This judicial lurch towards disfavoring can present important policy implications as, especially in common law systems, judges can play a critical role in the regulation of new technologies. One example that will likely play out […]

‘Tort Law and Civil Recourse’

Recognizing Wrongs. By John CP Goldberg and Benjamin C Zipursky. Cambridge, MA: The Belknap Press of Harvard University Press. 2020. Pp 380. $45. For decades, Professors John Goldberg and Benjamin Zipursky have been developing the thesis that the primary purpose of tort law is to implement the principle of civil recourse. In Recognizing Wrongs, they […]

Nick Sage, ‘Relational Wrongs and Agency in Tort Theory’

ABSTRACT Some of those theorists who believe tort law consists of relational wrongs also believe, under the influence of Kant’s legal philosophy, that tort law is concerned for the agency of the two parties to a wrongful interaction. I argue that these theorists should discard their agency framework. It distorts our view of tort doctrine […]

Steven Friedell, ‘Jewish Law and the Concept of Negligence’

“For over a century, scholars have maintained that Jewish tort law includes a doctrine of negligence. Some have suggested that only part of this law is based on negligence and that other parts are based on strict liability? Others argue that all Jewish tort law is founded on the concept of negligence. Some make the […]

Robert Field, ‘Holding Health Care Accountable: Law and the New Medical Marketplace’

ABSTRACT Americans are experienced at fixing blame when things go wrong. Our political system lets us throw out the leaders whose lack of judgment, skill, or honesty seems to have been the cause. Our legal system lets us sue individuals or corporations perceived to have been at fault. Although it does not always solve the […]

Eugene Jiankai Cheng, ‘Negligence in Maritime Disputes Revisited – the Requirement for Ownership or Possessory Title’

ABSTRACT Negligence is a common cause of action in maritime disputes. It is usually used by consignees and shipowners who have suffered damage to their property. Under English law, a claimant must have ownership to a property in order to sue for losses flowing from damage to that property. However, in Singapore, the law of […]

Hyman, Rahmati and Black, ‘Medical Malpractice and Physician Discipline: The Good, The Bad and The Ugly’

ABSTRACT We study the overlap between the medical malpractice (med mal) and medical disciplinary systems using the records of almost 90,000 Illinois physicians who held an active license at any point from 1990-2016. We quantify the specialty-specific risk of having a paid med mal claim or a disciplinary action; how many physicians have both; and […]

Informed Consent: Target Article and Commentaries, American Journal of Bioethics

Informed Consent: What Must Be Disclosed and What Must Be Understood? (Joseph Millum and Danielle Bromwich). ABSTRACT Over the last few decades, multiple studies have examined the understanding of participants in clinical research. They show variable and often poor understanding of key elements of disclosure, such as expected risks and the experimental nature of treatments. […]