Lavatories and Free Will: Causation Conundrums in the High Court

Title
Lavatories and Free Will: Causation Conundrums in the High Court
Publication Date
2012
Author(s)
Lunney, Mark
( author )
OrcID: https://orcid.org/0000-0003-1462-5960
Email: mlunney@une.edu.au
UNE Id une-id:mlunney
Type of document
Conference Publication
Language
en
Entity Type
Publication
Publisher
University of Technology Sydney
Place of publication
Sydney, Australia
UNE publication id
une:12314
Abstract
The decision in Rickards v Lothian is known today, if at all, for what is says about the natural user defence in the now defunct (in Australia) tort based on the case of Rylands v Fletcher. In fact, this point was only of peripheral importance when the case was heard in the High Court of Australia. Instead, the High Court decision was an early discussion of a point that would assume a much greater importance later in the 20th century: the extent to which liability in negligence could arise even though the damage was the immediate result of the intervening act of a third party. Although the majority reasoning was ultimately not accepted by the Privy Council when the decision was appealed, it reminds us that there was more than one early view of how intervening acts should be treated in the law of negligence.
Link
Citation
ANZLHS Conference Abstracts, p. 54-54
Start page
54
End page
54

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