Download This PaperRisk and Causation in Negligence
(2022) 96(8) Australian Law Journal 558
6 Pages Posted: 31 Aug 2022 Last revised: 22 Nov 2022
Date Written: August 30, 2022
Abstract
This article comments upon a recent decision of the High Court of Australia in Tapp v Australian Bushmen's Campdraft & Rodeo Association Ltd [2022] HCA 11. The principal areas of focus are (1) the characterisation of risk in the law of negligence, (2) the proper approach when considering breach of duty in the law of negligence, (3) the proper approach to causation in the law of negligence, and (4) the proper interpretation of section 5L of the various Civil Liability Acts. I argue that, other than in one important area, the approach of the majority represents a positive development for the law of negligence in Australia.
Keywords: risk, causation, negligence, section 5L, common sense causation, section 5l, Tapp v Australian Bushmen’s Campdraft & Rodeo Association Ltd, [2022] HCA 11, Tapp v ABCRAL
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