torts in the common law

Privacy is protected under common law torts and privacy legislation in Canada. Under s. 1(1) of the BC Privacy Act, "it is a tort, actionable without proof of damage, for a person, willfully and without a claim of right, to violate the privacy of another." Other privacy legislation, such as PIPEDA and PIPA, protect ...

An Opinion issued by Lord Tyre in the Court of Session last week provides that the applicable law for an asbestos-related claim is the law of the country where the “injury occurred”, as opposed to the country of exposure to asbestos dust. Due to the higher damages awards in fatal cases, and because ...

Gemaco also claimed that Borgata's common-law claims for breach of contract, negligence, respondeat superior and declaratory judgment for contribution and ... In routine tort cases, the law requires proof that the result complained of probably would not have occurred but for the negligent conduct of the ...

Patent infringement in Canada has traditionally been limited to direct infringement or the common law tort of inducing infringement, whereby someone induces another to conduct the direct infringement. The Federal Court of Appeal, in Nycomed Canada Inc. v. Teva Canada Limited (Nycomed), confirmed ...

National approaches vary greatly; for example the Netherlands relies on tort law, Malta relies on contract, whilst the UK and Ireland rely on common law. Indeed, only 11 European countries even have a formal definition of a "trade secret". This patchwork system clearly presents a significant challenge to ...

The Scottish Court of Session has recently considered the extent to which a duty to warn can arise under the discrepancies clause in an SBCC Design and Build 2011 contract. This clause requires the Contractor to notify the Employer of inadequacies, discrepancies and divergences in the Employer's ...

Specifically, the court stated "generally speaking, if the statutory cause of action is certified, then numerous synergies might be achieved for a companion common law tort." However, the court rejected class certification because the statutory cause of action in this case was being asserted against the issuer, ...

It Is vital for both employers and managers to know that extraneous common law claims can — and most likely will — be brought with claims of harassment. Discrimination and harassment claims asserted against employers, are commonly accompanied by personal tort actions against Individual managers ...

Specifically, the court stated “generally speaking, if the statutory cause of action is certified, then numerous synergies might be achieved for a companion common law tort.” However, the court rejected class certification because the statutory cause of action in this case was being asserted against the issuer, ...

As a law professor who teaches torts, I have been studying driverless cars for almost a decade. Notwithstanding the headlines, I am reasonably convinced that American common law is going to adapt to driverless cars just fine. The courts have seen hundreds of years of new technology, including robots.

Similarly, §1983 “should be read against the background of tort liability that makes a man responsible for the natural consequences of his actions … ... At best, in 1871 some (but not all) common law torts analogous to §1983 claims had a subjective good faith defense, yet we have now ended up with an ...

There is a great deal of literature professing to contain the secrets to passing the bar exam. The internet is filled with seemingly endless articles about various systems, theories, rituals, and an infinite array of approaches to bar prep. There's even one article claiming you can pass with only ten days of study ...

But this case isn't a common-law tort case, or a constitutional case, in which courts make decisions about what should or shouldn't be covered -- it's a case applying this particular statute in this particular state. And under this statute, the case seems open and shut for the plaintiff and against Dick's. Thanks to ...

We've never (and we haven't seen it anywhere else, either) taken a look at the purely state-law issue of whether, in contexts beyond prescription medical products, the common law has ever given thumbs up – or thumbs down – to state-law tort claims actually predicated on failure to report something to ...

They contended that the defendants, UK company Royal Dutch Shell Plc (RDS), and its Nigerian subsidiary, the Shell Petroleum Development Company of Nigeria Ltd (SPDC), were responsible for damage to their lands based on the tort of negligence under the common law of Nigeria (which, the court ...

In particular, if Strasbourg jurisprudence is “less than clear” on this point, would the appropriate course be to allow the government to stick to the principles of the common law – in this case, no duty of care in tort – and wait until it is called before the Strasbourg judges to deploy its arguments? The story starts ...

However, these decisions did not specifically rule on whether the CAA also preempted state climate change common law torts. To avoid the same fate as the plaintiffs in Kivalina and AEP, the California plaintiffs have alleged state common law tort claims and brought suit in California state court. Whether the ...

... who refused to remand to state court San Francisco and Oakland's climate change torts against Exxon, BP and others asked the U.S. government late Thursday to weigh in on whether the cities' claims should be governed by federal common law, a question he's already certified for interlocutory appeal.

Lawmakers in those states came to understand that an auto insurance system is healthier when it relies on common law tort principles rather than the derogation of common law rights in favor of a no-fault scheme. Uber supports a public policy that lowers the number of uninsured and underinsured motorists ...

He added the leading case on the tort is Three Rivers v Bank of England, which has been applied by Malaysian courts. “Also by reason of the Civil Law Act, the tort and its common law elements are part of our law. It is therefore not correct to say that the prime minister is not a public officer for the purposes of ...

The judge said federal common law doesn't exist in this case and so the question becomes whether existing regulations allow for state law nuisance actions. ... The core issue is not energy policy and regulation, but rather the defendants' deceitful promotion of a harmful product and product liability tort is ...

Privacy law in the United States is multifaceted. The FTC is the main enforcer of privacy within the U.S., but there are also common law torts that might be relevant. There are also breach-of-contract claims that might be relevant. There are disclosures that Facebook is required to make to other administrative ...

Australia's legal regime is similar to the United States in that there is a federal government and separate state/territory governments with their own autonomy. Historically, Australia's tort system was made up of common law precedent and doctrines, like the US. However, following a major tort reform in 2002, ...

Patent infringement in Canada has traditionally been limited to direct infringement or the common law tort of inducing infringement, whereby someone induces another to conduct the direct infringement. The Federal Court of Appeal, in Nycomed Canada Inc. v. Teva Canada Limited (Nycomed), confirmed ...

29 When considering the actual success, legally, of public nuisance climate change related cases in aggregative “mass tort” or sweeping, breathtakingly large numbers of plaintiffs, plaintiff issues, and size of judicial rewards, sustained upon appeal, the common law tort of public nuisance in climate litigation ...

Turning to the ERISA preemption issue, the court noted that common-law contract and tort claims generally are preempted if they “relate to” an ERISA plan, and a claim is “conflict preempted” if it duplicates an ERISA claim. Liberty Life and Pipenbacher argued that Addington's privacy claim was preempted ...

The tort of malicious prosecution as a remedy for defendants who have been damaged by unjustifiable criminal proceedings is well established in law. In various common law jurisdictions — namely in the United Kingdom and the United States — it has been gradually expanded to include unjustifiable or ...

CACI highlights the need for further guidance from the Supreme Court—or even better, Congress—regarding the scope and nature of the Alien Tort Statute (ATS) ... Royal Dutch Petroleum Co. held that the ATS was not intended to be extraterritorial, and that common law actions brought under the statute for ...