Donal Nolan
Biographic Data
| ID | 5578886 |
|---|---|
| NAME | Donal Nolan |
| GIVEN NAMES | Donal |
| FAMILY NAME | Nolan |
| SIGNATURE | NOLAN D |
| AFFILIATIONS | University of Oxford |
| VERIFIED | No |
| TOTAL WORKS | 7 |
| TOTAL CITATIONS | 3 |
| WORKS AS AUTHOR | 7 |
| WORKS AS EDITOR | 0 |
| FIRST PUBLICATION YEAR | 1996 |
| LATEST PUBLICATION YEAR | 2016 |
| H-INDEX | 1 |
Contributory Negligence in the Twenty‐First Century
In this article we report the results of an empirical study of 368 first instance decisions on the contributory negligence doctrine handed down in England and Wales between 2000 and 2014. The two central questions at which we looked were: how often a defendant's plea of contributory negligence was successful; and by how much a claimant's damages were reduced when a finding of contributory negligence was made. We also considered the extent to whic…
Negligence and Human Rights Law
A number of judges and academics have argued in favour of the convergence of negligence law with human rights law. By contrast, the thesis of this article is that the two legal orders should develop independently, so that for the most part the law of negligence ought not to be affected by human rights considerations. It is argued that the case for convergence is based on two false assumptions, namely that human rights law and negligence law perfo…
Dummy Article Title
The extent to which English law remedies injury to autonomy (ITA) as a stand-alone actionable damage in negligence is disputed. In this article I argue that the remedy available is not only partial and inconsistent (Keren-Paz in Med Law Rev, 2018) but also gendered and discriminatory against women. I first situate the argument within the broader feminist critique of tort law as failing to appropriately remedy gendered harms, and of law more broad…
New Forms of Damage in Negligence
In this article, consideration is given to a number of new forms of actionable damage which appear either to have received recognition by the courts in recent years, or to be close to receiving such recognition. The article is divided into three core sections, dealing with negligent imprisonment, wrongful conception and educational negligence. The principal conclusions are that redress for negligent imprisonment is best achieved through recogniti…
Reforming Liability for Psychiatric Injury in Scotland
It is widely acknowledged that the common law rules governing liability for psychiatric injury in the United Kingdom are in an unsatisfactory state. The Scottish Law Commission has now published a report, Damages for Psychiatric Injury (Scot Law Com No 196, 2004), which recommends wholesale statutory reform of this area of the law. In this paper, the report is summarised, and its recommendations subjected to detailed critical analysis. It is conc…
Suing the State
Tort law is a remarkably dynamic subject. The overall picture is in a state of rapid flux, so that topics which dominated the scene ten or twenty years ago such as recovery for pure economic loss are now scarcely discernible in the background, while other, previously rather marginal, issues such as actions for wrongful conception have taken centre stage. One subject, however, consistently maintains its position in the foreground of the canvas: th…
The Classical Legacy and Modern English Contract Law
Negligence and Human Rights Law
A number of judges and academics have argued in favour of the convergence of negligence law with human rights law. By contrast, the thesis of this article is that the two legal orders should develop independently, so that for the most part the law of negligence ought not to be affected by human rights considerations. It is argued that the case for convergence is based on two false assumptions, namely that human rights law and negligence law perfo…
New Forms of Damage in Negligence
In this article, consideration is given to a number of new forms of actionable damage which appear either to have received recognition by the courts in recent years, or to be close to receiving such recognition. The article is divided into three core sections, dealing with negligent imprisonment, wrongful conception and educational negligence. The principal conclusions are that redress for negligent imprisonment is best achieved through recogniti…
The Classical Legacy and Modern English Contract Law
Suing the State
Tort law is a remarkably dynamic subject. The overall picture is in a state of rapid flux, so that topics which dominated the scene ten or twenty years ago such as recovery for pure economic loss are now scarcely discernible in the background, while other, previously rather marginal, issues such as actions for wrongful conception have taken centre stage. One subject, however, consistently maintains its position in the foreground of the canvas: th…
Reforming Liability for Psychiatric Injury in Scotland
It is widely acknowledged that the common law rules governing liability for psychiatric injury in the United Kingdom are in an unsatisfactory state. The Scottish Law Commission has now published a report, Damages for Psychiatric Injury (Scot Law Com No 196, 2004), which recommends wholesale statutory reform of this area of the law. In this paper, the report is summarised, and its recommendations subjected to detailed critical analysis. It is conc…
New Forms of Damage in Negligence
In this article, consideration is given to a number of new forms of actionable damage which appear either to have received recognition by the courts in recent years, or to be close to receiving such recognition. The article is divided into three core sections, dealing with negligent imprisonment, wrongful conception and educational negligence. The principal conclusions are that redress for negligent imprisonment is best achieved through recogniti…
Dummy Article Title
The extent to which English law remedies injury to autonomy (ITA) as a stand-alone actionable damage in negligence is disputed. In this article I argue that the remedy available is not only partial and inconsistent (Keren-Paz in Med Law Rev, 2018) but also gendered and discriminatory against women. I first situate the argument within the broader feminist critique of tort law as failing to appropriately remedy gendered harms, and of law more broad…
Negligence and Human Rights Law
A number of judges and academics have argued in favour of the convergence of negligence law with human rights law. By contrast, the thesis of this article is that the two legal orders should develop independently, so that for the most part the law of negligence ought not to be affected by human rights considerations. It is argued that the case for convergence is based on two false assumptions, namely that human rights law and negligence law perfo…
Contributory Negligence in the Twenty‐First Century
In this article we report the results of an empirical study of 368 first instance decisions on the contributory negligence doctrine handed down in England and Wales between 2000 and 2014. The two central questions at which we looked were: how often a defendant's plea of contributory negligence was successful; and by how much a claimant's damages were reduced when a finding of contributory negligence was made. We also considered the extent to whic…
Law (7 works) · Political science (7 works) · Legal principles and applications (5 works) · Liability (5 works) · Tort (4 works) · Computer Science (3 works) · Common law (2 works) · Contributory negligence (2 works) · Damages (2 works) · Economics (2 works)