Private Law Theory

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.

Cooney, Henry, Risk and Causation in Negligence (August 30, 2022), (2022) 96(8) Australian Law Journal 558.