Iain Field, ‘A good-faith challenge to the taxonomy of tort law defences’

… The argument develops incrementally in five substantive parts. Part II outlines the range of circumstances in which good faith ‘protections’ (to use a neutral term that encompasses, but is not limited to, the possible definitions of ‘defences’ examined later in this article) operate in tort law, and demonstrates why – subject to the qualifications subsequently outlined – good faith protections should be included in a comprehensive taxonomy of tort law defences. Part III critiques possible definitions of the term ‘defences’ and demonstrates why good faith (and other similar defences) fit uneasily with these definitions. Part IV explores in greater depth the meaning of good faith and shows that, in tort law, this concept ordinarily denotes a defendant’s reasons for acting, despite the fact that those reasons may be insufficient to render his or her conduct reasonable. Part V explores three competing taxonomies of tort law defences and demonstrates why, in the light of the critical features of good faith defences revealed in Parts II–IV, these (and other similar) defences pose a specific challenge to certain of those taxonomies. Finally, Part VI offers some preliminary conclusions as to how good faith defences might be accommodated within a comprehensive taxonomy of tort law defences … (more)

Iain Field, ‘A Good-Faith Challenge to the Taxonomy of Tort Law Defences’ (2017) 40(2) University of New South Wales Law Journal.

First posted 2017-05-23 06:42:12

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