Barbara McDonald

The University of Sydney - Faculty of Law

New Law Building, F10

The University of Sydney

Sydney, NSW 2006

Australia

SCHOLARLY PAPERS

9

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Scholarly Papers (9)

1.

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
Number of pages: 34 Posted: 15 Jan 2007
Barbara McDonald
The University of Sydney - Faculty of Law
Downloads 1,944 (18,557)

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

2.

Contractual Exclusions and Indemnities of Liability for Negligence

COMMERCIAL ISSUES IN CONTRACT LAW, Greg Tolhurst & Elisabeth Peden, eds., University of Sydney, pp. 7-25, 2008, Sydney Law School Research Paper No. 08/61
Number of pages: 20 Posted: 23 Jun 2008
Barbara McDonald
The University of Sydney - Faculty of Law
Downloads 1,560 (26,028)

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Contract, tort, negligence, indemnities, exclusion clauses, limitation clauses

3.

Legislative Intervention in the Law of Negligence: The Common Law, Statutory Interpretation and Tort Reform in Australia

Sydney Law School Research Paper No. 06/20, Sydney Law Review, Vol. 27, No. 3, pp. 443-482, 2005
Number of pages: 41 Posted: 05 Oct 2006
Barbara McDonald
The University of Sydney - Faculty of Law
Downloads 1,132 (41,787)

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tort, negligence, contractual duties of care, civil liability, tort reform, statutory interpretation, statutory construction, legislative policy, common law, breach of duty, causation, inherent risks, obvious risks, recreational activities, dangerous activities, extrinsic materials

4.

Proportionate Liability in Australia: The Devil in the Detail

Sydney Law School Research Paper No. 06/25, Australian Bar Review, Vol. 26, pp. 29-50, 2005
Number of pages: 23 Posted: 05 Oct 2006
Barbara McDonald
The University of Sydney - Faculty of Law
Downloads 1,040 (47,036)

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tort, contract, trade practices legislation, proportionate liability, joint and several liability, concurrent wrongdoers, insolvency, corporate breaches, misleading and deceptive conduct, statutory interpretation, litigation, onus of proof

5.

Tort's Role in Protecting Privacy: Current and Future Directions

TORTS IN COMMERCIAL LAW, S. Degeling, J. Edelman & J. Goudkamp, eds., Thomson Reuters: Australia, 2011, Sydney Law School Research Paper No. 13/19
Number of pages: 25 Posted: 04 Apr 2013 Last Revised: 25 Oct 2016
Barbara McDonald
The University of Sydney - Faculty of Law
Downloads 856 (61,649)

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privacy, tort, equity, confidential information, damages for emotional distress

6.

The Lottery of Contractual Risk Allocation and Proportionate Liability

Journal of Contract Law, Vol. 26, No. 1, pp. 1-24, 2009, Sydney Law School Research Paper No. 10/15
Number of pages: 25 Posted: 19 Jan 2010
Barbara McDonald and John Carter
The University of Sydney - Faculty of Law and The University of Sydney - Faculty of Law
Downloads 699 (80,559)

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contract, concurrent liability in tort and contract, proportionate liability, purely economic loss in tort, negligence

7.

Would a Statutory Privacy Tort in Australia Harm Valuable Free Speech?

Number of pages: 3 Posted: 23 Mar 2021
University of Melbourne - Law School, The University of Sydney - Faculty of Law, Monash University - Faculty of LawThe Chinese University of Hong Kong, University of New South Wales (UNSW) - UNSW Law & Justice and Macquarie University - Macquarie Law School (Sydney, Australia)
Downloads 572 (104,044)

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privacy, tort, Australia, ALRC, ACCC, serious invasion of privacy

8.

Teaching Torts: Where to Start in an Age of Statutes?

Torts Law Journal, Vol. 18, No. 2, pp. 173-186, 2010, Sydney Law School Research Paper No. 10/83
Number of pages: 15 Posted: 29 Aug 2010
Barbara McDonald
The University of Sydney - Faculty of Law
Downloads 263 (250,847)

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tort law, statutory interpretation, comparative tort law, contributory negligence, apportionment, negligence

9.

International Publications and Protection of Reputation: A Margin of Appreciation But Not Subservience?

Alabama Law Review, Vol. 62, No. 3, pp. 477-511, 2011, Sydney Law School Research Paper No. 11/29
Number of pages: 36 Posted: 21 May 2011
Barbara McDonald
The University of Sydney - Faculty of Law
Downloads 103 (565,205)

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Defamation, libel, foreign judgments, freedom of speech, libel tourists, tort, publication, private international law, enforcement of foreign judgments