“Weaponizing” The Tort of Family Violence? Myths, Stereotypes, Lawyers’ Ethics and Access to Justice
Intimate partner violence [IPV] causes myriad and gendered harms, but Canadian law has inconsistently provided avenues of economic redress. Although tort law has evolved to allow IPV survivors to seek compensation, tort-based remedies are sought rarely ...
Deanne Sowter, Jennifer Koshan
doaj +1 more source
Comparing the efficiency of theories of fault and risk with a focus on welfare economics [PDF]
The complexity of social relations has increased the examples of tort law and made this area of law more important. In addition, it has been concluded in legal systems that creating a society free from hypothetical losses is ideal and unrealizable ...
mina bolurifar, Bizhan Haji Azizi
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Technology Mindfulness and the Future of the Tort of Privacy
This article investigates how to develop the tort of privacy to better address technology-facilitated abuse. The central question explored is how explicitly the role and function of technology should be engaged in a legal test.
Emily Laidlaw
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Private to Public: Deterrent Effects of Bans on Confidential Settlements
ABSTRACT Nondisclosure agreements are common in the settlement of legal disputes but are controversial as they suppress information that could prevent harm to others. But until the 2017 #MeToo movement, there had been little legislative effort to prohibit the practice in any context, and consequently no evidence on whether public disclosure of harms ...
Blair Druhan Bullock, Joni Hersch
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Contract protection against encroachment of other parties: A search for theoretical grounds
Analysis of problems related to the invasion of third parties into other people’s contractual relations has rapidly acquired relevance in both theoretical and practical terms. The main issues related to them have already come into the research focus, but
V.G. Golubtsov
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Fronting in Old Catalan: Asymmetries between Narration and Reported Speech1
Abstract This article explores the distribution, syntax, and information structure of XVS clauses in the narrative text and the reported speech of a thirteenth‐century Old Catalan chronicle, the Llibre dels Fets. It is shown that XVS occurs mainly within reported speech and in embedded clauses.
Afra Pujol i Campeny
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Liability in tort for the acts of third parties: a search for coherence [PDF]
The circumstances in English tort law in which one person may be held non-vicariously liable for the acts of another have been quietly expanding in recent years, to the point where third party liability can now be said to constitute a distinct category ...
McIvor, Claire Marie
core
Rawls and Tort Law: Against the Consequentialism Thesis
Rawlsian accounts of tort law have argued for one of two extreme positions. Sometimes it is affirmed, as does Arthur Ripstein, that tort law must remain indifferent to the distributive goals that animate most part of Rawls’s conception of justice (e.g ...
Leandro Martins Zanitelli
doaj
Economic Analysis of Proof of Causation in Environmental Torts [PDF]
One of the common difficulties in the field of environmental torts is the proof of causation between the tortious conduct of the tortfeasor and the damage suffered by the victim. This problem, according to the principles of economic analysis of tort law,
Hasan Badini, Farzaneh Motevaseliyan
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X v The Lord Advocate: Challenges and Concerns for Vicarious Liability
In X v The Lord Advocate, the Supreme Court of the United Kingdom held that the Crown cannot be vicariously liable for torts committed by judges. This case note critically examines what could be viewed as two significant doctrinal shifts that were introduced by this ruling.
Haim Abraham
wiley +1 more source

