TortsProf Blog

Editor: Christopher J. Robinette
Widener Commonwealth Law School

Monday, July 2, 2018

Two By Nolan

Donal Nolan has posted two pieces to SSRN.  First, Strict Products Liability for Design Defects.  The abstract provides:

A case note discussing the decision of Hickinbottom J in Wilkes v DePuy International Ltd [2016] EWHC 3096 (QB); [2017] 3 All ER 589, which is now the leading case on the application of the Consumer Protection Act 1987 in the case of an alleged design defect. It is argued in the note that the approach taken by Hickinbottom J to the issue of defectiveness should be seen as complementing or supplementing the guidance given in A v National Blood Authority [2001] 3 All ER 289, and that taken together with that earlier decision – and provided that due attention is paid to the significance of the standard/non-standard product distinction that the facts of the two cases encapsulate – the decision in Wilkes represents a solid foundation for future analysis of that issue under the strict product liability regime laid down by the 1987 Act.

Second, Rights, Damage, and Loss.  The abstract provides:

This article is an exploration of the relationship between the concepts of rights, damage and loss. The focus of the analysis is on the law of negligence, though some of the claims have wider ramifications. The article is divided into three main parts, with each part centred around a different relationship: first, the relationship between rights and damage; second, the relationship between rights and loss; and third, the relationship between damage and loss. In each of these three parts, a separate, but related, claim is made: (1) that a concept of damage is a necessary component of a plausible rights-based conception of negligence law; (2) that a right not to suffer loss is conceptually impossible; and (3) that damage and loss are fundamentally different concepts.

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