Pleading intention

Cockburn, Tina & Madden, Bill (2013) Pleading intention. Precedent, pp. 42-46.

Abstract

This article considers the scope of the application of the civil liability legislation, an issue which is still being clarified by the courts, despite the passage of some ten years since the enactment of the non-uniform civil liability legislation across Australia. The introduction of the civil liability legislation has made more important the pleading of intention, in addition to negligence, so as to maximise damages awards. This involves pleading torts traditionally referred to as intentional torts – particularly trespass to the person. Such an approach is attractive for plaintiffs because, in several jurisdictions, tort claims which plead intention have been excluded from the operation of the legislative restrictions on the quantum of damages awards, and prohibitions on exemplary and aggravated damages. This approach reflects the policy that those who intend the harmful consequences of their actions should be held fully responsible.

Impact and interest:

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ID Code: 61966
Item Type: Journal Article
Refereed: Yes
Additional URLs:
Keywords: intentional tort, medical law, damages, consent, civil liability
ISSN: 1449-7719
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 > Research Centres > Australian Centre for Health Law Research
Current > Schools > School of Law
Copyright Owner: Copyright 2013 Precedent and the authors
Deposited On: 21 Aug 2013 22:54
Last Modified: 29 Nov 2013 00:11

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