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Insurance and the law of negligence : an influential or irrelevant persuader?

Carver, Tracey L. (2011) Insurance and the law of negligence : an influential or irrelevant persuader? Insurance Law Journal, 22(1), pp. 51-80.

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Abstract

This article examines, from both within and outside the context of compulsory third party motor vehicle insurance, the different academic and judicial perspectives regarding the relevance of insurance to the imposition of negligence liability via the formulation of legal principle. In particular, the utility of insurance in setting the standard of care held owing by a learner driver to an instructor in Imbree v McNeilly is analysed and the implications of this High Court decision, in light of current jurisprudential argument and for other principles of negligence liability, namely claimant vulnerability, are considered. It concludes that ultimately one’s stance as to the relevance, or otherwise, of insurance to the development of the common law of negligence will be predominately influenced by normative views of torts’ function as an instrument of corrective or distributive justice.

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ID Code: 46806
Item Type: Journal Article
Keywords: negligence, duty of care, insurance, vulnerability
ISSN: 1030-2379
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Tort Law (180126)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Copyright Owner: Copyright 2011 LexisNexis
Deposited On: 03 Nov 2011 08:00
Last Modified: 03 Nov 2011 08:00

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