Category Archives: Negligence
Alexander Waghorn, ‘Remoteness in the Supreme Court’
Armstead v Royal and Sun Alliance Insurance Co Ltd [2024] UKSC 6; [2024] 2 W.L.R. 632 concerned facts that might have been lifted from an undergraduate examination. It has important lessons for anyone interested in the fundamentals of negligence. Ms Armstead suffered the misfortune of being involved in two traffic collisions, neither of which was […]
‘Surge in NHS clinical negligence claims raises concerns over quality of care, Darzi Report finds’
The increasing rate of clinical negligence claims is indicative of the poor state of the NHS in England, a damning government-commissioned review has concluded. Today’s report by surgeon and Labour former minister Lord Darzi includes a section devoted to clinical negligence and the worrying rise in claims, particularly in obstetrics … (more) [John Hyde, Law […]
‘AI Misfeasance or AI Malpractice?’
Bryan H Choi, ‘AI Malpractice’, 73 DePaul Law Review 301 (2024). When a digital financial or medical advisor gives bad advice, when ChatGPT confabulates that a law professor committed sexual assault, when an autonomous weapon system takes action that looks like a war crime – who should be held liable? Bryan Choi’s excellent ‘AI Malpractice’ […]
Leonard Lusznat, ‘The Role of Intention in the Law of Delict and Tort’
ABSTRACT The distinction between intention and negligence is – in contrast to criminal law – only of limited significance in the law of delict because negligence on the part of the tortfeasor generally suffices for liability to arise. In light of this dissimilarity between private and criminal law, the article critically analyses in which regard, […]
Mazzucco and Findlay, ‘Finding A Way Forward: Addressing Organizational Factors Contributing to Systemic Maltreatment in Canadian Sport’
ABSTRACT A range of investigations and empirical research confirms the scope and depth of maltreatment across sport. Legal liability for maltreatment in social institutions, such as sport organizations, has traditionally focused on the direct actions of the individual wrongdoer who perpetrates abuse and on the indirect or vicarious liability of the organization for its failure […]
Mark Geistfeld, ‘Tort Law in a World of Scarce Compensatory Resources’
ABSTRACT A number of large corporations facing extensive tort liabilities have gone into bankruptcy, forcing tort claimants to accept pennies on the dollar in satisfaction of their claims. Bankruptcy painfully illustrates the social fact that the compensatory properties of tort law depend on the availability of compensatory resources. Although this feature of tort law is […]
Chen Meng Lam, ‘The End of SAAMCO Counterfactual? Charles B Lawrence & Associates v Intercommercial Bank Limited (Trinidad and Tobago) [2021] UKPC 30′
ABSTRACT The recent decision in Charles B Lawrence & Associates v Intercommercial Bank Limited (Trinidad and Tobago) [2021] UKPC 30 serves as a salutary reminder that the SAAMCO counterfactual can be more of a hindrance than help in identifying the extent of a claimant’s loss that falls within the defendant’s scope of duty. In Lawrence, […]
‘Who knew? Or ought to have known?’
Mann v Martin (2024) EW Misc 23 (CC). Standalone section 4 Defective Premises Act 1972 cases are quite unusual. It is more common as an additional/secondary head in a disrepair claim, but this county court case is such a relatively rare beast. Ms Mann is the daughter of the assured shorthold tenant of the property […]
Peter Wills, ‘Care for Chatbots’
ABSTRACT Individuals will rely on language models (LMs) like ChatGPT to make decisions. Sometimes, due to that reliance, they will get hurt, have their property be damaged, or lose money. If the LM had been a person, they might sue the LM. But LMs are not persons. This paper analyses whom the individual could sue, […]
Chen Meng Lam, ‘Revisiting Loss of Chance in Medical Negligence: Employing Public Policy Positively as Justification’
ABSTRACT The loss of chance doctrine in medical negligence has triggered much controversy and debate across jurisdictions. Courts in various jurisdictions including England, Australia, the United States and Singapore have taken differing approaches toward the loss of chance doctrine. Despite the considerable debate surrounding the loss of chance doctrine, the state of law on this […]