Category Archives: Negligence
Hyder, Tamanna and Hossaini, ‘Judicial Trends to Tort Claims in Bangladesh: Impediments and Way-out’
ABSTRACT This study critically examines the recent judicial evolvement in the area of law of torts in Bangladesh, focusing on recent judicial trends, challenges and suggest potential reforms to improve the tort law enforcement. This research is primarily qualitative by relying on legal statutes, case laws, academic literature, books, commentaries and journal articles to assess […]
Yildiz and Demirsoy, ‘From concept to experience: surgical and perioperative physicians perceptions of medical error and defensive medicine using the vignette technique’
ABSTRACT This study investigates surgical and perioperative physicians perceptions of medical errors and defensive medicine, with a particular focus on how these perceptions are shaped by conceptual understanding, clinical experience, and systemic factors. Given the high-risk and time-constrained nature of surgical practice, surgical and perioperative physicians represent a critical cohort for examining the impact of […]
‘If Your Perception, Reaction Time, or Coordination is Substandard, Are You Negligent?’
Christopher Brett Jaeger, ‘A Two-System Theory of Negligence’, 93 University of Chicago Law Review (forthcoming), available at SSRN (9 September 2026). Tort negligence, like Gaul, is divided into three parts. The first territory is conscious negligence: the actor, aware of the risks, nevertheless chooses to take them, and is unreasonable in doing so. The second […]
Alais, Coyle and Keyzer, ‘When failing to keep a proper lookout may be inevitable’
ABSTRACT In transport accident cases, it is common for legal argument to focus on the question of whether a defendant ‘failed to keep a proper lookout’. If the defendant is found to have failed this test, they are determined to have breached their duty of care to the plaintiff. We delve into psychology and neuroscience […]
‘Material Contribution and Covid-19 – Rehman v Secretary of State for Health and Social Care & Others [2026] EWHC 6 (KB)’
INTRODUCTION In Rehman, Master Davison considered applications by the Defendants to strike out twenty-three claims arising from deaths in care homes from Covid-19 during the pandemic. The claims were brought under the Law Reform (Miscellaneous Provisions) Act 1934 and the Fatal Accidents Act 1976. All but one of the Claimants alleged that the Secretary of […]
Aran, Perry and Shelly, ‘Clinical liability cases reveal a coupling between legal defensibility and medical procedure escalation in large language models’
PLAIN LANGUAGE SUMMARY Doctors are increasingly using artificial-intelligence chatbots to help make clinical decisions, and we wanted to know how relying on their recommendations would hold up to the legal standard of care expected of physicians, in other words, whether following the advice would help avoid medical malpractice. We studied this using real medical malpractice […]
Christopher Jaeger, ‘A Two-System Theory of Negligence’
ABSTRACT Tort law’s broad reliance on the ordinary reasonable person standard blurs meaningful distinctions between different types of negligence cases and between the different criteria used to resolve them. Drawing on psychology’s two-system theory of cognition, this Article identifies and describes two distinct types of negligence claims, formulating a two-system theory of negligence. This theory […]
Adel Kildeev, ‘The Tool Has a Manufacturer: Producer Liability for Legal AI’
ABSTRACT Legal responses to failures of generative artificial intelligence have focused primarily on the professionals who use AI-generated material. Lawyers have been sanctioned for fabricated authorities, firms have faced malpractice exposure, and courts have emphasized duties of competence, candour, and verification. Far less attention has been paid to the independent liability of the companies that […]
Simon Stern, ‘The Reasonable Person as a Narrative Device’
ABSTRACT One question about the ‘reasonable person’ standard, rarely asked by legal theorists and historians, is why the standard is personified and how a personification lands differently from an abstract version. I have begun to explore that question in other work and turn here to the question of how the personification first emerged, around the […]
Stephen Bailey, ‘The limits of Fairchild: scientific impossibility’
PRINCIPLES It is clear law that, to establish causation in fact in a tort case, it must normally be shown that the defendant’s wrongful act or omission played a necessary part in bringing about the harm (commonly loss or damage, sometimes invasion of a protected right). The most significant exception comprises cases where it is […]