Risk and Causation in Negligence

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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.
Original languageEnglish
Pages (from-to)558-563
JournalAustralian Law Journal
Issue number8
Publication statusPublished - 30 Aug 2022


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