Category Archives: Tort
Haim Abraham, ‘Private Nuisance, Looking Out, Gazing In’: University of Toronto and Online, 14 February 2025
Haim Abraham of the University College London will speak on the relation between private nuisance claims and privacy, applying rights-based and queer theory lenses. Haim will speak for about 45 minutes after which there will be a Q&A period … (more, Zoom link)
Debadatta Bose, ‘The Tort of Irresponsible Contracting: Supply Chain Liability Explained Through Begum v Maran’
ABSTRACT This book chapter challenges the notion that business decisions are isolated from human rights considerations. It places a large emphasis on the UK case of Begum v Maran, where a corporation was held potentially liable in tort for harms in a Bangladeshi shipyard where a ship it sold ended up for demolition. The case […]
Omri Ben-Shahar, ‘Safety Score Liability’
ABSTRACT Data technology is increasingly deployed to assign safety scores to people and products. Could these scores be used by tort law to apportion liability for accidents? Instead of basing tort liability on negligence – on the level of care leading to the specific accident – ‘safety score liability’ would impose liability commensurate with a […]
Helland and Givati, ‘Mass Tort Advertising and Multidistrict Litigation Filings’
ABSTRACT Mass tort multidistrict litigation (MDL) cases have gradually become a dominant component of the US federal civil caseload. At the same time, plaintiffs’ lawyers who specialize in mass tort MDLs have spent millions of dollars on TV advertisements seeking clients. What is the effect of mass tort TV advertisements on MDL filings? We use […]
Sayed Md Shafayat, ‘Environmental Tort Regime Under the Environment Court Act 2010 in Bangladesh: A Critical Review’
ABSTRACT The environmental tort regime in Bangladesh, as outlined by the Environment Court Act 2010, plays a vital role in holding polluters accountable for the harm they cause to both the environment and individuals. Despite the Act’s commitment to addressing environmental issues, a significant gap remains in the provision of effective redress mechanisms, resulting in […]
Joseph Lee, ‘Religious Institutions and Personal Injury Compensation Claims for Abuse: The Noteworthy Significance of Insurance’
ABSTRACT Many churches, religious schools, and care institutions have apologised for historical child sexual abuse and committed themselves to reparation and safeguarding. However, recent changes to legislation have resulted in a deluge of tort law claims, civil litigation, and work for lawyers. Religious leaders and devotees today bear the financial burdens of compensating for historical […]
Recently Published: Falconer, Barker and Fell (eds), Life and Death in Private Law
Private law regulates life; this is self-evident, but how does it regulate death? This edited collection explores this question. Life and death are the beginning and end of the legal person: the instigator and terminator of rights, interests and obligations. They are also the nominal separator of particular fields of law (medical law from succession […]
Anthony Sangiuliano, ‘Paediatricians’ Liability to Patients’ Parents for Negligent Genetic Testing’
ABSTRACT The Ontario Superior Court of Justice has recently held that a paediatrician might owe a duty of care to a patient’s parents when performing genetic testing on the patient and communicating test results to the parents. The parents may be able to claim damages against the paediatrician for breach of this duty if, in […]
Megalla and others, ‘A Comprehensive Analysis of Malpractice Claims Following Management of Hip Fractures’
ABSTRACT Background: Hip fractures are highly prevalent and associated with significant morbidity and mortality. As a result, orthopedic surgeons treating these patients may find themselves subject to malpractice claims. Therefore, this study aimed to provide a comprehensive analysis of malpractice claims related to hip fractures. Materials and Methods: The Westlaw legal database was queried for […]
Iain Field, ‘Uncommon And Unordinary: An Australian Perspective on the Fearn Decision’
ABSTRACT The decision of the United Kingdom Supreme Court in Fearn v Board of Trustees of The Tate Gallery is significant for various reasons. Of particular concern for some is the Court’s unanimous agreement that ‘intense visual intrusion into someone’s domestic property is capable of amounting to a [private] nuisance’. But the judgment is also […]