Abstract

http://ssrn.com/abstract=955949
 
 

Footnotes (181)



 


 



The Impact of the Civil Liability Legislation on Fundamental Policies and Principles of the Common Law of Negligence


Barbara McDonald


University of Sydney - Faculty of Law


Torts Law Journal, Vol. 14, No. 3, pp. 268-300, 2006
Sydney Law School Research Paper No. 07/01

Abstract:     
This article considers, with a review of recent case law, the impact of tort reform legislation in Australia on the common law of negligence in relation to four issues: the test for breach of duty, and particularly the Wyong Shire Council v Shirt principles; the legal effect of a risk of injury being inherent or obvious, particularly in the context of recreational or dangerous activities; the effect of contributory negligence; and the effect of a plaintiff's intoxication. It argues that the common law has not always been simplified, clarified or changed by the statutory provisions, but in some cases has been made more complex. It also argues that by trying to impose a greater degree of personal responsibility on less deserving plaintiffs the legislature has effectively allowed the complete exculpation of negligent defendants in some cases, thus undoing the advances in apportionment of responsibility that had been achieved by earlier legislation. It concludes by questioning the reliability of so-called community attitudes and objectives which were said to underpin the legislation.

Number of Pages in PDF File: 34

Keywords: Negligence, tort, tort reform, obvious risks, breach of duty, negligence calculus, recreational activities, dangerous activities, contributory negligence, intoxication, community standards

JEL Classification: K13, K10

Accepted Paper Series





Download This Paper

Date posted: January 15, 2007  

Suggested Citation

McDonald, Barbara, The Impact of the Civil Liability Legislation on Fundamental Policies and Principles of the Common Law of Negligence. Torts Law Journal, Vol. 14, No. 3, pp. 268-300, 2006; Sydney Law School Research Paper No. 07/01. Available at SSRN: http://ssrn.com/abstract=955949

Contact Information

Barbara McDonald (Contact Author)
University of Sydney - Faculty of Law ( email )
Faculty of Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia
Feedback to SSRN


Paper statistics
Abstract Views: 3,816
Downloads: 841
Download Rank: 15,231
Footnotes:  181

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo8 in 0.250 seconds