Tag Archives: tort

Be civil, or be silent

At various points since we founded this blog, both Legal Eagle and I have written about defamation, confidential information and privacy and how they intersect. We’ve also both discussed how respecting different social classes’ political views does not entail automatic respect for their taste in music or culture. In today’s post, I want to yoke […]

Palsgraf v Long Island Railroad Co – Reasonably Foreseeable?

One of the things you learn in law is that truth is stranger than fiction. I’m teaching Torts this year, and I’ve just had occasion to revisit Palsgraf v Long Island Railroad Co 248 NY 339; 162 NE 99 (1928). Gee, it’s a fantastic case. It’s generated debate for almost 100 years now, and to […]

4 year old sued for negligence

Via the Obligations Discussion Group, I heard that a Manhattan judge has ruled that a four-year-old can be sued for negligence. Yes, seriously. The New York Times reports: Citing cases dating back as far as 1928, a judge has ruled that a young girl accused of running down an elderly woman while racing a bicycle […]

The oldest profession

No, I’m not talking about that kind of solicitor, I’m talking about the other kind of solicitor. The one who tells you what the law is. You may think you can shake us off, but the evidence shows we’ve been around for a lo-o-o-ong time, at least 3700 years. Researchers from the Hebrew University of […]

More duty to restrain drink drivers

I did a post at the beginning of the year on the liability of publicans to restrain drunk patrons from driving home. To recap briefly: a drunken patron (Mr Scott) died after his motorcycle crashed, and his wife sued the licensee for failing to restrain him. A majority of the Full Court of the Supreme […]

Defamation for dummies

In light of the recent publication of photos purportedly showing a semi-naked Pauline Hanson, we thought it was time to learn a thing or two about the law of defamation. The law of defamation not only has ramifications for newspapers, but also for blogs. Main Entry: de·fa·ma·tion Pronunciation: “de-f&-‘mA-sh&n Function: noun 1 : communication to […]

A tort of invasion of privacy for Australia?

I only started properly paying attention to the ‘Pauline Hanson pictures’ scandal after reading Iain Hall’s post on whether or not the pictures do actually depict Hanson. I should add that I’m linking to Iain’s post in large part because he’s been careful to crop the image and do a proper analysis ‘for the purposes […]