QUT ePrints

Negligence and Intoxication - Has Civil Liability Reform Gone Too Far?

Katter, Norman A. (2006) Negligence and Intoxication - Has Civil Liability Reform Gone Too Far? Deakin Law Review, 11(2).

Abstract

This paper focuses on two recent appeals before the High Court of Australia involving negligence actions for damages by intoxicated plaintiffs. The analysis of these pre-statutory reform cases, in the light of the new civil liability legislation, suggests that some of the statutory reforms are an overreaction by parliaments, and failed to strike a balance between the legitimate pursuit of compensation where the defendant’s blameworthy conduct has caused damage and the limitation of negligence litigation by an attitudinal change towards personal responsibility for one’s actions and choices and are thereby shifting the loss to the victim where the latter’s conduct has been instrumental in causing its own damage.

Impact and interest:

Citation countsare sourced monthly from Scopus and Web of Science® citation databases.

These databases contain citations from different subsets of available publications and different time periods and thus the citation count from each is usually different. Some works are not in either database and no count is displayed. Scopus includes citations from articles published in 1996 onwards, and Web of Science® generally from 1980 onwards.

Citations counts from the Google Scholar™ indexing service can be viewed at the linked Google Scholar™ search.

ID Code: 6735
Item Type: Journal Article
Additional Information: For more information or for a copy of this article contact the author at n.katter@qut.edu.au
Additional URLs:
Keywords: Negligence, Intoxication, Civil, Liability, Reform
ISSN: 1321-3660
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Tort Law (180126)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Civil Law and Procedure (180104)
Divisions: Current > QUT Faculties and Divisions > QUT Business School
Copyright Owner: Deakin Law Review
Deposited On: 28 Mar 2007
Last Modified: 05 Jan 2011 23:30

Export: EndNote | Dublin Core | BibTeX

Repository Staff Only: item control page