Tort in UK Law
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Tort, Insurance and Incoherence
Some commentators have doubted whether, as is generally believed, liability insurance has had a significant expansionary effect on the law of tort. This article contends that the common assumption ...
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Tort Law for Cynics
Tort scholars have in recent years defended a ‘traditional’ or ‘idealist’ view of tort law. In the context of negligence this implies that the holder of a duty of care must make an effort not to vi...
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The Standardisation of Tort Damages
This article explores the nature, scope, rationale and merits of the standardisation of compensatory damages in tort law, ie the fact of giving the claimant not the value (subject to ordinary limit...
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Tort Law Culture: Image and Reality
This article highlights two contrasting images of tort. The first reflects the traditional portrayal of justice, depicting tort as an independent ‘natural’ system of rules of universal application ...
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Tort, Insurance and Ideology: Further Thoughts
This article explores the impact of insurance arrangements on the development of the law of obligations. It is accepted orthodoxy that the existence or otherwise of a duty of care in tort should be...
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Anomalies in Tort Law: A Cause for Concern?
In case law, and in the associated academic literature, numerous judges and jurists have labelled parts of tort law ‘anomalies’. This description – with its pejorative overtones – seemingly highlig...
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Corrective and Distributive Justice in Tort Law
Liability in tort law is traditionally justified by the notion of corrective justice, but what about the role of distributive justice? This simple question brings up fundamental issues, such as exa...
- Waiver of Tort
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Safety, Regulation and Tort: Fault in Context
The relationship between tort and regulation is dense and complicated. This paper examines diverse approaches to one small element of this relationship: the relationship between regulatory norms an...
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Justifying Exceptions to Proof of Causation in Tort Law
This article defends a set of exceptions to the general rule in tort law that a claimant must prove that a particular defendant's wrongful conduct was a cause of its injury on the balance of probab...
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