There is one last hurdle before concluding a negligence claim. Defences, ranging from volenti to intoxication, are available to the defendant if they are able to identify wrong-doing on the plaintiff's behalf. However, the crucial question is,

EP.11 - Duty of Care: Causation & Remoteness

Dec 19th, 2017 29m 19s

Factual causation and scope of liability, more commonly referred to as causation and remoteness, form the recipe of the third step of the negligence calculus. The Civil Liability Act prescribes a two-step approach for determining whether the da

Special Ep.1 - Problem Question Help & Mental Health

Dec 1st, 2017 19m 29s

There you have it, the first major problem question assignment. You have read the facts maybe ten times and you have no idea where to start. Negligence here and there. Intoxication? Should you use CLA? No fear, we are here to help you out! To l

Ep.09 - Duty of Care: Generally

Nov 3rd, 2017 31m

Negligence is, without doubt, the most prominent topic in the law of torts. It has such a big name...that we decided to do five episodes on it! In this introductory episode and the first of the series, we walk you through the basics of establis

Ep.08 - Defences to Intentional Torts

Oct 28th, 2017 23m 33s

Your very first introductory episode to defences in torts is here! Quite unlikely (and gruesome?), the case law in this area revolves around glass shards being thrown in a stand-off and Jehovah's Witnesses refusing blood transfusions. From nece

Ep.07 - Invasion of Privacy

Oct 20th, 2017 20m 46s

Privacy matters. However, there is, as yet, no general tort of invasion of privacy in Australian law. Will a Bill of Rights help? How do countries such as Canada, New Zealand and the United Kingdom address this issue? We explore these perspecti

Ep.06 - Private Nuisance

Oct 14th, 2017 21m 31s

Private nuisance is complicated. As a remedy for the interference with the use, occupation and enjoyment of land, it complements the action for trespass. There are different liabilities: should the owner be held liable for a loud party hosted b

Ep.03 - Trespass to the Person

Oct 7th, 2017 16m 26s

The tort of trespass protects a person from direct physical violation/restraint and from threats of violence. What constitutes a "direct" interference and why does it matter? What type of fault and/or state of mind is necessary to be proven? Tu

Ep.04 - Action on the Case for Wilful Injury

Sep 24th, 2017 16m 43s

You've heard of it, the Wilkinson v Downton principle. What does it say? Plenty: sudden shocks, gunshots, false detective, revenge porn and steel traps. Join us as we discuss with Callum Vittali-Smith and Josh Vardanega the tricky topic of dire

Ep.01 - Introduction

Jul 16th, 2017 3m 25s

In this pilot episode, we would like to officially launch ‘Just Torts – the podcast.’ Alongside Anisha Gunawardhana, we will delve into the philosophical background of tort law and briefly outline the structure of our podcast series.

Ep.02 - Historical Distinction

Jul 16th, 2017 16m 32s

Tort law is the law of civil wrongs. Founded upon the ancient writ system, tort law has evolved over time, constantly shifting to accommodate the idiosyncrasies of our modern milieu. In this episode, we sit down with Owen Nanlohy to discuss the

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