Although damage is an essential component of negligence liability, important extensions of the categories of actionable damage occur with little or no analysis or even acknowledgement of the fact. In this article, consideration is given to a number of new forms of actionable damage which appear...

This article explores the variation of the standard of care in negligence to favour defendants, an issue of considerable practical significance which has not previously been the subject of systematic analysis. By shining a spotlight on this issue, I hope to show that varying the standard of care...

This article is an examination of ‘preventive damages', which is to say damages that are awarded to compensate a claimant for expenditure incurred to prevent anticipated damage arising from another's wrongful conduct. The analysis is a tentative one, with the emphasis on identifying the...

In the wake of the global financial crisis, this article considers the tort liability of financial supervisory authorities to depositors and other investors following the failure of a bank or other financial institution. The analysis is comparative, with the primary focus being on the member...

Although foundational to the tort law of both common law and civil law countries, the concept of damage has been the object of surprisingly little analysis by academics in the common law world. The aim of this article is to redress the balance somewhat by looking more closely at the meaning of...

This chapter explores the application of the ‘offer and acceptance' rules in contract formation to new modes of communication. The analysis is structured around the technologies under scrutiny, and the chapter is therefore divided into two main parts, the first dealing with contracts formed by...

The doctrine of contributory negligence reduces the compensation which the victim of a wrong receives where the victim was partly to blame for his or her own damage. The doctrine is one of the most important rules in England private law. It is frequently relied on by defendants both in...

In this paper I consider the many and varied ways in which the law of tort interacts with regulatory law (by which I mean mandatory regulatory norms, rather than voluntary codes of practice and the like). Examples of these interactions include (1) the indirect influence of regulatory norms on...