Monthly Archives: January, 2026
Vince Morabito, ‘Has Victoria’s class action regime secured access to justice for victims of mass harm?’
ABSTRACT The legislative class regime that governs class actions in the Supreme Court of Victoria is Australia’s second most-used and oldest class action regime as it has been in operation for 26 years. Furthermore, as a result of the most important and controversial addition ever made to an existing Australian legislative class action regime, since […]
Daniel Farber, ‘Liability for Disaster Risks’
ABSTRACT A growing body of law addresses liability for harms caused by disasters. The bases for liability are diverse: common law torts, statutes covering specific risks, and takings doctrine. Litigation can involve government or private defendants, while the disaster could be anything from an oil spill to a flood. This Article maps this complex legal […]
Benjamin Teng, ‘Loss Counterfactuals’
ABSTRACT Private law uses counterfactual reasoning to determine if loss – for which compensatory damages may be awarded – has been suffered because of a wrong: is the claimant in a worse position than it would have been in without the wrong? Counterfactual reasoning is, therefore, an essential part of private law. Yet, it is […]
Sujoko Bagus and others, ‘Interpretation of Jimenez’s Theory in Contract Law Practice in Indonesia’
ABSTRACT Contract law practice in Indonesia tends to resolve disputes through economic compensation, overlooking the moral and social dimensions inherent in contractual relationships. This gap exists between the current formalistic civil law approach and the need for substantive justice, raising questions about the adequacy of the existing legal framework to fully remedy damages. This research […]
Alessandra Quarta, ‘Social justice and sustainability: Private law’s moment in the European green transition’
ABSTRACT The ecological transition needs a shift in the definition of the role of the state from a market-correcting to a market-steering actor. This transformation inevitably reverberates within private law, whose institutions participate in distributing the social and economic burdens of sustainability policies. Focusing on the housing sector as a paradigmatic site of tension between […]
Kwan Yiu Cheng, ‘Invalidating Civil Juristic Acts: Public Order and Good Morals in the Chinese Civil Code’
ABSTRACT This article discusses the concepts of public order and good morals in the Chinese Civil Code. Under Article 153 of the Civil Code, a civil juristic act is rendered void if it violates these concepts. This article examines their substance, functions, and practical significance in determining the invalidity of civil juristic acts in Chinese […]
Kim, Kim and Park, ‘The Liability Gap in Sequential Accidents: Why and When Standard Tort Rules Fail’
ABSTRACT When a primary event creates potential harm that victims can mitigate, a liability gap arises under negligence: firms pay only residual harm, not victims’ mitigation costs. This gap causes firms to underinvest in precaution and victims to underprotect – and paradoxically widens as victims become more effective. The gap also distorts ex post monitoring: […]
Iftikhar Mahmud, ‘From Liability Exposure to Accountable Control – A Mandatory Fiduciary Architecture for Board-Level AI Governance’
ABSTRACT Artificial intelligence (AI) systems are now embedded in corporate decision-making, carrying legal, financial, safety, and rights-affecting consequences. While AI is widely recognized as a material source of corporate risk, a critical gap persists in the governance literature: although boards of directors’ face expanding fiduciary liability for AI-related harms, existing scholarship has failed to specify […]
Sarah Schindler, ‘Progressive Property and Animal Law’
ABSTRACT Traditional notions of property law tend to focus on the owner and define property as the owner’s ‘sole and despotic dominion’. In contrast, recent progressive property scholarship offers a more flexible understanding of what property is, highlighting its transformative potential as a tool that can aid vulnerable populations in gaining legal rights. Although animals […]
Gregory Keating, ‘Seven Critics’
ABSTRACT This article responds to seven comments on my book, Reasonableness and Risk: Right and Responsibility in the Law of Torts (Oxford, 2022). Inter alia, the comments question whether, on my view, torts are really wrongs; whether harm-based strict liabilities are conditional wrongs; whether my account of harm in the law of torts is objectionably […]