New Forms of Damage in Negligence
Bibliographic Data
| ID | 9195741 |
|---|---|
| Authors | Donal Nolan (Association of Military Surgeons of the United States, corresponding author) |
| Year | 2007 |
| Volume | 70 |
| Issue | 1 |
| Pages | 59-88 |
| Publication date | 2007-01-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Modern Law Review (JOURNAL) |
| Journal identifiers | ISSN: 0026-7961 • E-ISSN: 1468-2230 |
| Publisher | Wiley (PUBLISHER • GB) |
| DOI | 10.1111/j.1468-2230.2006.00626.x |
| OpenAlex | W2047948811 |
| Language | EN |
| Citations received | 5 |
| References cited | 3 |
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 recognition of imprisonment as actionable damage in negligence; that an unwanted pregnancy is a form of personal injury, albeit an unusual one; that the conventional sum award in wrongful conception cases is best analysed as compensation for a diminution in the parents' autonomy; and that while untreated learning disorders are now treated by the courts as a form of personal injury, in the absence of such a disorder educational under‐development ought not to be recognised as actionable damage in its own right
Acknowledgement · Compensation (psychology) · Computer security · Contributory negligence · Criminology · Imprisonment · Liability · Malpractice · Mistake · Personal injury · Plaintiff · Political science · Principal (computer security) · Redress · Tort · Computer Science · Law · Legal principles and applications · Psychology · Social Psychology
| Citations per year | 0.29 |
|---|---|
| Citation span | 2009 - 2020 (12) |
| Highly cited | No |