Negligence Liability for Non-Negligent Behavior

Civil Liability for Negligent Police Investigation: Canadian Developments

In October of 2007, the Supreme Court of Canada issued its ruling in Hill v. Hamilton-Wentworth Regional Police Services Board, a case in which the Court addressed the legitimacy of a tort for negligent police investigation. The holding by a majority of six Justices recognized the tort of negligent police investigation at Canadian law. As such, Canada is now one of the only common law countries...

Strict versus Negligence Software Product Liability

The law of products liability in tort is designed to maintain a reasonable balance between the inevitable social costs and the benefits of innovative product technologies. Technological development must be supported not only for the best interests of the public but also the side effect namely product defect into one of the following: (1) manufacturing defect; failures to correctly implement saf...

Strict Liability versus Negligence in Indiana Harbor

In January of 1979, a railroad tank car containing the chemical acrylonitrile started leaking at a rail yard in south suburban Chicago. The chemical was manufactured by American Cyanamid Co (Cyanamid) in Louisiana. Cyanamid had leased the tank car, filled it with acrylonitrile, and delivered it to the Missouri Pacific Railroad for transport to the Chicago suburbs. The leak occurred while the ca...

A Behavioral Analysis of Directors' Liability for Negligence

Directors of large corporations are sometimes compared, with considerable justice, to the supreme party council in a one-party state. Potentates of countries commonly regarded as dictatorial might look with envy on American corporate directors not only for the funds of money of which they dispose, but also for the security of their tenure.' But there are many ways in which directors are unlike ...

Tort liability to those injured by negligent accreditation decisions.