issues of the test for breach of duty, liability for inherent and obvious risks generally and in the context of recreational …

US and EU consumer retail markets. It is a matter of controversy whether and how product liability rules, which have been … Article explores how courts and lawmakers on both sides of the Atlantic are trying to adjust the existing product liability … the US differ considerably. While US law focusses on indirect regulation through product liability, EU law puts its …

This paper will explore the efficacy of contractual exclusions of obligations of care or liability for negligence. It … will begin by setting out some fundamental principles of construction of exclusive clauses affecting the tort liability of …

The introduction of proportionate liability for claims for purely economic loss and property damage arising out of … liability has been in place for some time. The reforms are of particular interest to auditors and other professional advisors … and their clients. Defendants will no longer be subject to joint and several liability for a plaintiff's whole loss but …

Civil liability of rating agencies has to strike a balance between over-deterrence and overly lax behavior control. The … or liability caps …

torts. In doing so, it discusses numerous lines of liability insurance that expressly cover various types of intentional … torts. It then explores whether the theoretical foundation underlying the public policy against allowing liability insurance … makes the novel proposal that, contrary to the conventional wisdom, the default rule should be that liability insurance can …

Twenty-five years have passed since courts first adopted market share liability, a theory under which a plaintiff … market share liability to a very small number of products.This Article argues that courts should eliminate the fungibility … requirement by recognizing that market share liability is just one variant of a broader concept that the author calls proportional …