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
Date Written: 2010
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: Suggested Citation