Please use this identifier to cite or link to this item: https://hdl.handle.net/1959.11/8356
Title: Contingency and the Common Law: 'Hargrave v Goldman' at First Instance
Contributor(s): Lunney, Mark  (author)orcid 
Publication Date: 2009
Handle Link: https://hdl.handle.net/1959.11/8356
Abstract: The Privy Council decision in 'Goldman v Hargrave' (1967) is an important case on the liability in negligence of occupiers for the spread of things that arise naturally on their land and spread to a neighbour's property and cause damage. Although both the High Court of Australia and the Privy Council found in favour of imposing a legal duty on the occupier, the duty was rejected at first instance in the Supreme Court of Western Australia. This paper considers the way that counsel argued the case before the judge at first instance. The result is a salutary reminder that explanations of particular decisions involve not only an analysis of the historical context in which they are made but also of how legal arguments were placed before the court.
Publication Type: Conference Publication
Conference Name: 28th Annual Australian and New Zealand Law and History Conference: Lands and Peoples in History and Law, Wellington, New Zealand, 11th - 13th December, 2009
Conference Details: 28th Annual Australian and New Zealand Law and History Conference: Lands and Peoples in History and Law, Wellington, New Zealand, 11th - 13th December, 2009
Source of Publication: Australia and New Zealand Law & History E-Journal: 2009 Abstracts
Publisher: Australian and New Zealand Law History Society
Place of Publication: Online
ISSN: 1177-3170
Field of Research (FOR): 180126 Tort Law
180199 Law not elsewhere classified
HERDC Category Description: E3 Extract of Scholarly Conference Publication
Other Links: http://www.anzlhsejournal.auckland.ac.nz/Abstracts_2009/Abstract_10_2.htm
Series Name: Australia and New Zealand Law & History E-Journal
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