The Research Handbook on the Economic of Torts (Edward Elgar, 2013), edited by Jennifer Arlen, contains a very impressive collection of contributions written by leading tort scholars. The major theme that runs through the Handbook's diversified chapters is that the economic analysis of tort law...

In this critical piece I take stock of current understandings of five basic distinctions in the theoretical study of tort law: First, a meta-theoretical distinction between the law's self-presentation and a commitment to epiphenomenalism; second, between the formal and the substantive theory of...

This essay considers whether punitive damages should be awarded against trustees. It concludes that a satisfactory justification for awarding them has not been given. Seen from the rightful-position perspective, punitive damages fail to support the plaintiff's forward movement to the rightful...

Many commentators argue that tort law is inappropriate for responding to the risks posed by emerging technologies. Courts are often seen as technically incompetent, and the case method is criticized for sending haphazard signals to producers. Administrative agencies, it is argued, have greater...

Limited liability is a key attribute of the corporate form and one of the most important institutional innovations of the nineteenth century. However, when the owner of a corporation is another corporation as in many corporate groups, an important justification for limited liability—to protect...

The purpose of this article is to investigate whether non-pecuniary interests of the parties should be protected in contract law and what should be the scope of such protection. The paper sheds light on the theoretical framework of contract remedies and claims that moral damages are necessary...

Apologies have become very fashionable both within and outside the legal systems of the world. The common law world has attempted to encourage apologies by the use of protective legislation which aims to reduce litigation. Apologies can also be used as remedies and this article argues that the...

This note critically comments on the Court of Appeal's decision in OMV Petrom SA v Glencore International AG. By introducing a penal element to the enhanced interest rate pursuant to CPR Pt 36, the Court of Appeal has extended the justificatory reasons for those awards beyond compensation. This...