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Full-Text Articles in Law
Celebrity Newsgathering And Privacy: The Transformation Of Breach Of Confidence In English Law, John D. Mccamus
Celebrity Newsgathering And Privacy: The Transformation Of Breach Of Confidence In English Law, John D. Mccamus
John D. McCamus
In recent years, a series of leading cases have returned to consider these questions. The implications of these decisions for the current shape of English law relating to civil redress for privacy invasion are the subject of this article. Surprisingly, perhaps, English courts have remained steadfast in their refusal to recognize invasion of privacy as a tort and in doing so have quite explicitly declined to rely on American experience in this area. Rather, English courts have preferred to resist innovation of this kind and leave the difficult question of privacy law reform to Parliament. On a number of recent …
The Reasonable Certainty Requirement In Lost Profits Litigation: What It Really Means, Robert M. Lloyd
The Reasonable Certainty Requirement In Lost Profits Litigation: What It Really Means, Robert M. Lloyd
Robert M Lloyd
This article explains the factors courts consider when determining whether to award damages for lost profits. It contains an extensive review of the case law.
Whiten V. Pilot Ins. Co.: The Unofficial Death Of The Independent Wrong Requirement And Official Birth Of Punitive Damages In Contract, Yehuda Adar Dr.
Whiten V. Pilot Ins. Co.: The Unofficial Death Of The Independent Wrong Requirement And Official Birth Of Punitive Damages In Contract, Yehuda Adar Dr.
Yehuda Adar Dr.
Three years have passed since the Supreme Court of Canada rendered its controversial decision in Whiten v. Pilot Insurance Co. In that case, the Court affirmed an almost unprecedented punitive damage award by a jury of one million dollars against an insurance company. More importantly, the Whiten decision appears to be the first attempt by the Supreme Court to construct a comprehensive set of rules and principles in light of which punitive damages cases should be decided in the future. While the extraordinary monetary sanction upheld by the Court has attracted much attention in legal and commercial circles, it seems …