Monthly Archives: March, 2025
Kenneth Abraham, ‘The Liability Revolution That No One Saw Coming’
ABSTRACT This Article tells the story of three wholly unpredicted but enormously important late twentieth-century developments in tort liability and insurance: the rise of mass tort liability; the insurance coverage revolution that was generated by the advent of environmental cleanup and mass tort liability; and the abrupt halt in the expansion of negligence and strict […]
Prue Vines, ‘First Nations Heritage: Land Rights, Cultural Integrity and Succession Law’
INTRODUCTION … In this chapter I address the issues created by the failure to properly address the needs of Indigenous Australians in respect of succession law since the common law arrived on our shores. We all know well the failings of the common law in its inability to recognise the sophistication of the First Nations […]
Gio Arcari, ‘Smart Contracts in E-Commerce: How Blockchain Is Reshaping Supply Chain Management and Digital Transactions’
ABSTRACT This paper examines the role of smart contracts in e-commerce and the industry’s supply chain. An overview of smart contracts functionality illustrates its automative, decentralized, and transparent characteristics. Use cases in e-auctions, product grading systems, and cost evaluation highlight how smart contracts promote efficient flows of information and resources. Applications for e-commerce logistics include […]
Dove and Taylor, ‘Prismall v Google UK Ltd [2024] EWCA CIV 1516: misuse of private information in the medical context’
INTRODUCTION On 11 December 2024, the Court of Appeal of England and Wales handed down its judgment in the case of Prismall v Google UK Ltd. The case had been appealed from the High Court of Justice by counsel for the representative claimant, Mr Andrew Prismall, against the strike-out of his representative claim and an […]
Ronen Perry, ‘To Boldly Go Where No Law Has Gone Before: Liability for Space-Related Activities’
ABSTRACT Recent years have witnessed an unprecedented proliferation of space-related activities, driven by an increasingly diverse array of participants pursuing an ever-broadening range of ambitions. As known risks intensify and new risks emerge, the law governing liability for extraterrestrial mishaps must keep pace, ensuring that the final frontier does not become a lawless domain of […]
Adam Slavny, ‘Relational Fault and Unforeseeable Victims’
ABSTRACT In this paper, I argue against a widely held view about interpersonal moral relations inspired by Benjamin Cardozo’s landmark judgment in Palsgraf v Long Island Railroad Company, which I call the Relational Fault Requirement. The requirement holds that in order for A to commit a directed wrong against B, A must be at fault […]
Liau and Georgiou, ‘Are Equitable Remedies Discretionary?’
ABSTRACT Equitable remedies are often said to be ‘discretionary’ by nature. This feature is said to distinguish them from common law remedies, such as orders to pay damages and orders to pay agreed sums, available ‘as of right’. This paper explores what exactly is meant by ‘discretion’ in this context. It argues that simply describing […]
Michael Murray, ‘AI Pirated my Art and Birthed Infringing Works, and Other Metaphors that Confound Copyright Law’
ABSTRACT The wondrous and beguiling technology of generative artificial intelligence (‘generative AI’) leaves us at a loss for words as to how to understand or even describe it. But in an effort to fill the gap we rush to assign metaphors and analogies to the complex technological operations of deep learning, transformers, neural networks, and […]
Schroeder and Carlson, ‘Property and Information’
ABSTRACT One of the significant contributions to modern private law is the information cost theory of property expounded by Professor Henry E Smith. This theory is derived from the Coase Theorem and is designed to explain why the economy is organized by property concepts (most basically by the right to exclude others), as opposed to […]
‘Equity in the Common Law Courts – and the Motor Finance Litigation’
The Supreme Court will hear Johnson v FirstRand Bank Ltd and its conjoined cases on appeal from [2024] EWCA Civ 1282 on April 1-3 2025. The case raises a dizzying number of issues relevant to this core case: A consumer purchases a motor car from a dealer, who arranges loan finance, but also takes a […]