Self-Defence and Illegality Under the Civil Liability Act 2002 (NSW)

James Goudkamp, ‘Self-Defence and Illegality Under the Civil Liability Act 2002 (NSW)’ (2010) 18 Torts Law Journal pp.61–86.

26 Pages Posted: 26 Feb 2016

See all articles by James Goudkamp

James Goudkamp

University of Oxford - Faculty of Law

Date Written: 2010

Abstract

The Civil Liability Act 2002 (NSW) provides for a number of defences to liability. This article seeks to add to our understanding of two of these defences: ‘self-defence’ and ‘illegality’. It is argued that although these defences may seem to have relatively little to do with each other, there are important connections between them. An examination of the circumstances in which they apply is also undertaken. This analysis demonstrates that the enactment of these defences was a step in the wrong direction.

Keywords: tort, negligence, defences, self-defence, illegality, statutes

JEL Classification: K13

Suggested Citation

Goudkamp, James, Self-Defence and Illegality Under the Civil Liability Act 2002 (NSW) (2010). James Goudkamp, ‘Self-Defence and Illegality Under the Civil Liability Act 2002 (NSW)’ (2010) 18 Torts Law Journal pp.61–86., Available at SSRN: https://ssrn.com/abstract=2737608

James Goudkamp (Contact Author)

University of Oxford - Faculty of Law ( email )

St Cross Building
St Cross Road
Oxford, OX1 3UL
United Kingdom

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
253
Abstract Views
1,001
rank
152,223
PlumX Metrics