This Article is the first comprehensive study of how American courts have resolved conflicts of laws arising from cross-border torts over the last four decades. This period coincides with the confluence of two independent forces: (1) a dramatic increase in the frequency and complexity of...

Considering the problematic nature of the judicial trend in attempting to avoid class action certification problems by adopting a reliance presumption in class actions, this paper argues that without careful limitations, courts risk compromising Federal Rule of Civil Procedure 23's commonality...

The purpose of this Essay is to analyze the treatment and the types of tort and strict liability claims that courts are likely to redirect toward the Code's Article 2 remedies. This Essay examines the typical application of the economic loss doctrine, including the bargain policy underlying the...

This Article observes that there is not a clear consensus among courts in how to describe the scope and nature of a breach of the peace when a lender elects self-help repossession and things go awry. That does not mean that courts have not deduced some guideposts that parties can use in deciding...

This article argues that punitive, nominal, contemptuous, vindicatory, and disgorgement damages (commonly referred to as non-compensatory damages) can be collectively analysed as public interest damages because all these awards are justified by violations of public interests in addition to...

Commonwealth jurisdictions face a unique risk when English authorities are misunderstood or misapplied by local courts: erroneous legal rules can quickly become entrenched in the local laws, which are difficult to undo. The Malaysian jurisprudence in relation to the liability of third parties...

Suppose you turn on your laptop while sitting at the kitchen table at home and respond OK to a prompt about accessing a nearby wireless Internet access point owned and operated by a neighbor. What potential liability may ensue from accessing someone else's wireless access point? How about...

This Article observes that there is not a clear consensus among courts in how to address the scope and nature of the economic loss doctrine, when applied to sales of goods. The economic loss doctrine's categorization of damages into three components: personal injury, injury to the product, and...

Section 523(a)(2)(B) of the United States Bankruptcy Code provides that a debt incurred as a result of written fraud cannot be discharged by a bankruptcy proceeding. Though section 523(a)(2)(B) provides elements of this nondischargeable fraud, one common element of fraud is conspicuously missing...

In law school curriculum, the first-year tort law course is often caricatured as the class with the funky, sometimes amusing, fact patterns where people get injured—occasionally in bizarre ways—and attempt to recover from the party purportedly responsible. In legal scholarship, tort law has...