Category Archives: Tort
John DeVadoss, ‘AI Liability and Industry Funded Compensation: Deployment Responsibility and the Economics of paid Model Supply’
ABSTRACT Commercial AI can generate liabilities that exceed the assets committed to paying them. This paper develops a deployment-based compensation mutual subject to two constraints: no public financial support and no admission of exposure whose credible losses exceed secured private resources. Commercial deployers remain accountable for operations; paid model suppliers contribute directly; genuinely free publication […]
Charis Joshua Debrah, ‘Judicial Innovation in Tort and the Principle of Legality in Criminal Law: A Ghanaian and Comparative Perspective’
ABSTRACT Common law courts celebrate their own creativity in the law of tort, extending the categories of actionable duty by incremental analogy without waiting for legislative sanction, while treating the same creativity as constitutionally forbidden the moment the question shifts to criminal liability. This article examines that paradox through the law of Ghana, asking whether […]
Anthony Sangiuliano, ‘Fair Labelling and Social Justice Tort Theory’
ABSTRACT Modern scholarship on social justice tort theory has a predominately deconstructive orientation, critiquing how tort doctrines disadvantage marginalized groups or perpetuate social subordination. This article introduces a constructive theoretical method for deploying tort law as a tool for advancing social justice that invokes the principle of fair labelling, which informs the individuation and naming […]
‘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 […]
‘Why the law in England is ill-equipped for the age of agentic AI’
There are potential gaps in English private law that could leave businesses unable to recover losses in circumstances where AI agents cause them harm by acting completely unprompted and seemingly beyond constraints imposed by those who developed or deployed them. The courts will need to take an expansive view of ‘intentionality’ to provide affected companies […]
Sun and Sérafin, ‘Against Expressivism in Judicial Tort-Making’
ABSTRACT In recent years, there has been a resurgence of interest in tort law’s expressive dimension. Prior to the Supreme Court of Canada’s judgment in Ahluwalia v Ahluwalia, 2026 SCC 16, commentators argued that the judicial creation of new torts is justified on the ground of expressing or symbolically vindicating public values. This article defends […]
Valerie Gutmann Koch, ‘Disinformed Consent’
ABSTRACT At both the state and federal level, lawmakers and regulators are increasingly interfering with the physician’s independent duty to provide patients with medically true and accurate information. And alarmingly, these interventions frequently involve state-mandated medical disinformation – false medical claims disseminated with awareness of their inaccuracy or with deliberate disregard for the scientific consensus. […]
Keiichi Ito, ‘Reconstructing the Doctrine of Permitted Risk in the Age of Autonomous Driving: A Case for Shifting Liability to Public Authorities’
ABSTRACT This paper argues that the German-originated doctrine of permitted risk (erlaubtes Risiko) – historically the theoretical basis for individualizing negligence liability in traffic accidents – contains a structural asymmetry: society has tolerated the existence of risk from motor vehicle use for the sake of its own benefit, while the burden of that risk’s realization […]
Amitpal Singh, ‘Expressivism, Fittingness, and New Torts’
ABSTRACT A growing chorus of scholarly and judicial voices anoints expressivism as a rationale for creating new torts, such as a tort of family violence or intimate partner violence. Rather than take issue with expressivism directly, this Article grants expressivism arguendo and shows that no convincing rationale for new torts follows. The argument proceeds by […]