In this article I examine the case for restitutionary-based strict liability towards patients who were injured from risks which were unforeseeable at the time of treatment: involuntarily, the patient has advanced knowledge which will prevent harm to future patients. This situation is analogous to necessitous interventions, so it is fair to compensate the patient for the costs she incurred in providing this benefit. The argument is based on both an emerging consensus by English restitution scholars about the appropriate scope of a common law necessity doctrine, and on comparative approach of the civilian concept of negotiorum gestio and the hybrid Israeli solution to this topic. The fact that the service was not rendered with the intention t...
New Zealand’s accident compensation system is ‘no-fault’, meaning that New Zealanders are compensate...
This article offers a normative critique of the view, proposed by George Fletcher, that holding one ...
Part I of this Note examines the broad, underlying themes of tort theory and argues that, in general...
This article examines the various ways in which the courts have been fashioning rules of liability f...
This article argues that the traditional debates between the expressive and compensatory views of to...
The cornerstone of tort law in our Anglo-American system of jurisprudence is based upon three genera...
The present article seeks to explore previously undiscussed differences between the negligence and s...
Under prevailing tort law, an injurer who is required to choose between Course of Action A, which cr...
Innovative treatments (ITs) have a distinct SIROT pattern: they often show, and are expected to show...
This paper outlines the severe impact that the Protecting Access to Care Act would have on victims o...
In several Law and Economics publications in the area of tort law, emphasis is being placed on an al...
Tort-based system of compensation for injuries associated with medical error is inadequate - develop...
Compensating for harms is the bedrock of the practice of tort law. The hypothetical ideal of making...
The article focuses on whether, when considering whether to award cost of cure damages, the courts t...
Anglo-American tort doctrine pays considerable attention to the conduct of the victim as well as the...
New Zealand’s accident compensation system is ‘no-fault’, meaning that New Zealanders are compensate...
This article offers a normative critique of the view, proposed by George Fletcher, that holding one ...
Part I of this Note examines the broad, underlying themes of tort theory and argues that, in general...
This article examines the various ways in which the courts have been fashioning rules of liability f...
This article argues that the traditional debates between the expressive and compensatory views of to...
The cornerstone of tort law in our Anglo-American system of jurisprudence is based upon three genera...
The present article seeks to explore previously undiscussed differences between the negligence and s...
Under prevailing tort law, an injurer who is required to choose between Course of Action A, which cr...
Innovative treatments (ITs) have a distinct SIROT pattern: they often show, and are expected to show...
This paper outlines the severe impact that the Protecting Access to Care Act would have on victims o...
In several Law and Economics publications in the area of tort law, emphasis is being placed on an al...
Tort-based system of compensation for injuries associated with medical error is inadequate - develop...
Compensating for harms is the bedrock of the practice of tort law. The hypothetical ideal of making...
The article focuses on whether, when considering whether to award cost of cure damages, the courts t...
Anglo-American tort doctrine pays considerable attention to the conduct of the victim as well as the...
New Zealand’s accident compensation system is ‘no-fault’, meaning that New Zealanders are compensate...
This article offers a normative critique of the view, proposed by George Fletcher, that holding one ...
Part I of this Note examines the broad, underlying themes of tort theory and argues that, in general...