From: Ken Oliphant <Ken.Oliphant@bristol.ac.uk>
To: obligations@uwo.ca
Date: 24/12/2015 10:43:33 UTC
Subject: Re: ODG: Xmas diversion - comparative torts
Many thanks to everyone for the many valuable suggestions to date (keep 'em coming!). As some replied directly to me, and not the list, here's what people have suggested so far:

van Boom, Comparative Notes on Injunction and Wrongful Risk Taking (2010) 1 Maastricht Journal of Comparative Law 10

Catala & Weir, Delict and Torts: A Study in Parallel (1963) 38 Tul L Rev 573 (Part I) , (1964) 38 Tul L Rev 221 (Part II), (1964) 38 Tul L Rev 663 (Part III) and (19650 39 Tul L Rev 701 (Part IV)

Davies & Hayden,  Global Issues in Torts (2007)

Markesinis, The Not So Dissimilar Tort and Delict (1977) 93 LQR 78

Markesinis, An Expanding Tort Law – the Price of a Rigid Contract Law (1987) 103 LQR 354

Rudden, Torticles (1991) 6 & 7 Tul. Civ. L.F. 105

Weir, All or Nothing (2004) Tul L Rev 511


Hard to know which Weir piece(s) to choose. The 4-part series with Catala is a classic, but 243 pages in total - so perhaps DQed on grounds of length. 'All or Nothing' is wonderfully insightful, but not just on tort law. So I might go with 'An Unwanted Child' (2002) 6 Edinburgh L Rev 244 instead (or perhaps as well as something else).

The same problem of choice also arises with Fleming, especially for his many wonderful comparative tort articles in the American J of Comparative Law. I am somewhat surprised no one has mentioned them yet, but they do seem to have been undeservedly neglected in the literature generally.

Amusingly, when looking back at some Weir articles I found that he told the same anecdote about a delivery of fish out of hours to the college kitchens in two articles 30 years apart. In Shields & Swords (1983) 7 Trent LJ 1, the fish were trout, and 20 went missing overnight. In All or Nothing, the fish were kippers, and 12 had gone missing. I don't suppose the type of fish or the number going missing were really crucial to the point he was making...

Ken

Ken Oliphant
Professor of Tort Law
University of Bristol Law School
Wills Memorial Building
Queens Road
Bristol BS8 1RJ 

Tel: +44 (0)117 954 5347
@KenOliphant

On 23 December 2015 at 14:43, Ken Oliphant <Ken.Oliphant@bristol.ac.uk> wrote:
Dear all

Having been asked to nominate a list of classic comparative tort law articles for a forthcoming anthology, I thought it might be interesting to see what suggestions list members might come up with. So, which are your particular favourites?

Festive wishes
Ken


--
Ken Oliphant
Professor of Tort Law
University of Bristol Law School
Wills Memorial Building
Queens Road
Bristol BS8 1RJ 

@KenOliphant