Law school is tricky, believe me, you need all the help you can get! Brought to you by the JustLaw podcast team and our talented host/beatsmaker Brent Liang, the Just Torts podcast series will help you understand each topic in more depth. Our star-studded weekly panel, will guide you along the way, ensuring that concepts are broken down and easy to understand. We sit down with high-achieving students and University of Sydney teaching staff, for 30-minute roundtable conversations. No obiter. No dicta. Just-Ratio – This is Just Torts.
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January 5, 2018
Teaser by Just Law
January 5, 2018
There is one last hurdle before concluding a negligence claim. Defences, ranging from volenti to intoxication, are available to the defendant if they are able to identify wrong-doing on the plaintiff's behalf. However, the crucial question is, when does a defence operate to completely negate the defendant's liabiity and when does it provide only a partial reduction in damages? We bring this question up to Giacomo Rotolo-Ross and Maxine Jeric, for a succinct discussion along with some new, funky music. *Note: keep an eye out on the subtleties between defences to negligence and defences to intentional torts. Although similar, they are not the same thing!
December 19, 2017
Factual causation and scope of liability, more commonly referred to as causation and remoteness, form the recipe of the third step of the negligence calculus. The Civil Liability Act prescribes a two-step approach for determining whether the damage should be deemed too remote from the original tort. But is it sufficient, logical, easy to work with? On this episode we hear it from Professor Barbara McDonald, the guru in this area. Tune in for some of her signature examples, and her explanation behind the most recent attempts to improve CLA.
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