ABSTRACT
This article examines the challenges faced by smaller common law jurisdictions when engaging in tort law reform in the face of limited domestic case law and secondary literature. This question has received little academic attention and yet is a real issue in areas of private law such as tort that rely heavily on precedent. Drawing on insights gained from comparative analysis and a case study of vicarious liability, this study will examine how smaller jurisdictions such as Hong Kong, Singapore and Ireland have sought to modernise the law of vicarious liability by turning to larger jurisdictions such as the United Kingdom and Canada for inspiration. This study will provide a fresh insight into how smaller jurisdictions engage with law reform in the law of tort.
Giliker, Paula, Reforming Tort Law in Smaller Jurisdictions: Vicarious Liability as a Case Study (June 19, 2023), Tort Law Review (Forthcoming).
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