Category Archives: Negligence
Silvie Rohr, ‘Corporate Purpose: A Management Concept and the Role of Contract Design’
ABSTRACT In light of systemic crises such as global warming and human rights violations in business operations, the call for reevaluating corporate conduct has become more pressing than ever. As these challenges intensify, a growing consensus advocates for a shift away from shareholder profit maximization towards a more holistic stakeholder governance model. Yet, the question […]
Mwakisoma and Ma, ‘Tortious Liability for Autonomous Marine Vehicles Collisions: A Suggestive Move from Fault-Based to Strict Liability’
ABSTRACT The integration of Autonomous Marine Vehicles (AMVs) into maritime operations raises critical questions regarding tortious liability in collision scenarios. This paper examines the limitations of the traditional fault-based liability framework when applied to AMVs, given their autonomous nature. In response to the challenges of attributing fault without human involvement, the paper proposes a paradigm […]
Susanna Kim Ripken, ‘Corporate Civil Disobedience’
ABSTRACT Classic theories of civil disobedience endorse the right of individuals to commit illegal acts to protest unjust laws and policies. Acts of civil disobedience have historically played a central role in exposing injustice and producing vital legal and social change. The literature on civil disobedience is vast; political and legal theorists have long recognized […]
‘Using Private Law to Combat Influencers’ Health Misinformation’
Leah Fowler, Max Helveston and Zoë Robinson, ‘Influencer Speech-Torts’, 113 Georgetown Law Journal (forthcoming, 2025), available at SSRN (August 22, 2024). The spread of disinformation is one of the most pressing problems facing society today. Lawmakers, policymakers, and researchers have focused on how disinformation disrupts political discourse and undermines democratic processes, threatens global security by […]
Lindsey, Doyle and Wazynska-Finck, ‘Securing therapeutic justice through mediation: the challenge of medical treatment disputes’
ABSTRACT This paper explores the use of mediation in medical treatment disputes through the lens of therapeutic justice (TJ), a concept developed in the 1990s to consider the therapeutic and anti-therapeutic effects of justice systems. The paper argues that mediation may be a mechanism for achieving therapeutic effects for people involved in medical treatment disputes. […]
Gilat Juli Bachar, ‘Informed Bystanders’ Duty to Warn’
ABSTRACT Should bystanders with credible knowledge about prospective harm owe a duty of care to future victims? This urgent question comes up in various contexts, from former employers who withhold information about a serial harasser to data brokers who are silent about stalkers that track personal information. Under established common law, the ‘No Duty to […]
Clark Hobson, ‘Still No(,) More Bolam Please: McCulloch and others v Forth Valley Health Board’
ABSTRACT McCulloch v Forth Valley Health Board concerned an allegation of negligence, in failing to consider treating pericarditis with non-steroidal anti-inflammatory drugs as a reasonable alternative treatment and not discussing this option with the patient. Montgomery v Lanarkshire Health Board held that a medical professional must disclose to a patient material risks and any reasonable […]
Patrick Garon-Sayegh, ‘Analysis of medical malpractice claims to improve quality of care: Cautionary remarks’
ABSTRACT Medical malpractice claims can be analysed to gain insights aimed at improving quality of care. However, using medical malpractice claims in medical research raises epistemological and methodological concerns related to certain features of the litigation process. Medical research should therefore approach medical malpractice claims with caution. Taking one recent study as a an example, […]
‘Extracting Informed Consent’
Winterbotham v Shahrak [2024] EWHC 2633 (KB): Background. In Winterbotham, the Claimant had suffered a partially erupted wisdom tooth for many years, which had caused several episodes of pericoronitis (inflammation of the surrounding gum tissue) with associated pain and discomfort. Because of the lengthy wait for NHS treatment, the Claimant sought private treatment and was […]
Ellen Bublick, ‘What We Talk About When We Talk About the Duty of Care in Negligence Law: The Utah Supreme Court Sets an Example in Boynton v Kennecott Utah Copper’
ABSTRACT Every day, state common law courts define the duty of care in negligence law. There is no formula for how courts should determine duty. Yet when judges are charged with important decisions about whether to open or shut the courthouse doors to whole categories of claimants, judges need some framework for decision. This article […]