TORTS & PRODUCTS LIABILITY LAW eJOURNAL

"Vindicatio - The Missing Remedy?" Free Download
(2016) 28 Singapore Academic Law Journal 1052

NICHOLAS MCBRIDE, University of Cambridge - Faculty of Law
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This paper was written for a special issue of the Singapore Academy of Law Journal on ‘Remedies’. In this paper, I set out the nature of a vindicatio remedy, and discuss its rarity in common law legal systems. I go on to set out two arguments – a pragmatic argument, and a principled argument – for making such a remedy available in the case where a defendant is in possession of an item of personal property that belongs to the plaintiff, and examine whether either of those arguments can be made out.

"Drone Danger: Remedies for Damage by Civilian Remotely Piloted Aircraft to Persons or Property on the Ground in Australia" Free Download
(2016) 23 Torts Law Journal 290

PAM STEWART, University of Technology Sydney, Faculty of Law
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Civilian use of drones (Remotely Piloted Aircraft: RPA) in Australian skies is increasing at a dramatic rate. Whilst there is a strict regulatory framework in which RPA operate, they have the capacity to cause significant damage to persons or property on the ground. This article evaluates the availability and scope of statutory and common law remedies for such damage demonstrating a complex matrix of potential accountability. Statutory strict liability under Damage by Aircraft legislation does not apply uniformly to all RPA with the definition of RPA as ‘aircraft’ the crucial determinant. Where the statutory remedy is unavailable, common law causes of action must be relied upon with the statutory safety regulations providing assistance in establishing liability. The article demonstrates that it would be appropriate for legislators to ensure uniform application of the strict liability regime to all RPA and for compulsory identification and insurance of RPA.

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This eJournal distributes working and accepted paper abstracts dealing with torts, product liability, and insurance law. Related articles may also be published in other Legal Scholarship Network journals, including Law and Economics; Litigation, Procedure, and Dispute Resolution; Health Law and Policy; Employment and Labor Law; and Environmental Law and Policy.

Editor: Keith N. Hylton, Boston University

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LSN SUBJECT MATTER EJOURNALS

BERNARD S. BLACK
Northwestern University - Pritzker School of Law, Northwestern University - Kellogg School of Management, European Corporate Governance Institute (ECGI)
Email: bblack@northwestern.edu

RONALD J. GILSON
Stanford Law School, Columbia Law School, European Corporate Governance Institute (ECGI)
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Advisory Board

Torts & Products Liability Law eJournal

ANITA BERNSTEIN
Anita and Stuart Subotnick Professor of Law, Brooklyn Law School

RICHARD A. EPSTEIN
Laurence A. Tisch Professor of Law , New York University School of Law, Stanford University - Hoover Institution on War, Revolution and Peace, James Parker Hall Distinguished Service Professor of Law Emeritus, University of Chicago - Law School

MARK GEISTFELD
Sheila Lubetsky Birnbaum Professor of Civil Litigation, New York University School of Law

MARK F. GRADY
Professor of Law, University of California, Los Angeles (UCLA) - School of Law

SAUL LEVMORE
William B. Graham Professor of Law, University of Chicago Law School

ROBERT L. RABIN
A. Calder Mackay Professor of Law, Stanford Law School

W. KIP VISCUSI
University Distinguished Professor of Law, Economics, and Management, Vanderbilt University - Law School, Research Associate, National Bureau of Economic Research (NBER), University Distinguished Professor of Law, Economics, and Management, Vanderbilt University - Department of Economics, University Distinguished Professor of Law, Economics, and Management, Vanderbilt University - Owen Graduate School of Management, Vanderbilt University - Strategy and Business Economics

RICHARD W. WRIGHT
Professor of Law, Chicago-Kent College of Law - Illinois Institute of Technology