Tag Archives: tort

Occupier’s Manslaughter – who is responsible for toddler drownings?

The Sydney Morning Herald reports that a landmark case is being brought in New England, where a landowner is being charged with manslaughter after a toddler from a neighbouring house wandered into his yard, got through the unmaintained fence and drowned. Mr Cameron [the pool owner] was inside his Armidale home watching television one afternoon […]

Random travel observations (Malta and Sicily)

My tips for long flights are: Stick to water on the flight; Have salt; Get massages. (Had a massage the evening I left and at the Dubai stopover. So worth it.) Malta Australian cuisine being Mediterrasian means that, when one gets to the Mediterranean, the food is familiar. There are lots of construction cranes dotting […]

When does the reasonable person eat chips?

Recently the High Court has had to decide when it was likely that a person might eat hot chips. Seriously. In Strong v Woolworths [2012] HCA 5, the unfortunate plaintiff slipped and fell on a hot chip which had been left on the ground outside Big W at Centro Taree Shopping Centre. She suffered serious […]

Wrongful birth – claiming for a disabled child

In The Age today there’s an article about a couple with a severely disabled child suing an IVF practitioner in negligence: Debbie and Lawrence Waller love their 11-year-old son, Keeden, but they believe he should never have been born. Just days after Mrs Waller gave birth in August 2000 following IVF treatment, Keeden suffered a […]

The Streisand Effect

In the light of the recent hoo-hah discussed by SL here involving Melinda Tankard-Reist suing blogger Jennifer Wilson for defamation I thought I might revisit the notion of the Streisand effect, because as Russell Blackford has commented, we may be seeing an instance of it unfolding before our eyes. The term Streisand effect was coined after […]

More on defamation, blogging and anonymity

In the Liskula Cohen “NYC skank” case, Cohen successfully sued Blogger to get them to disclose the identity of an anonymous blogger who had defamed her by calling her (inter alia) “skankiest in NYC”. Now we’ve apparently had a similar case in Australia. Self-help guru Jamie McIntyre launched the action in September this year after […]

Miss Manners and playing the victim

Since we no longer live in an age defined by Debrett’s, etiquette is turning into something of a minefield: it is difficult, even impossible, to work out exactly what one should do in many situations. This seems to apply particularly to matters of romance, which perhaps accounts for at least part of the boom in […]

Is sex which results in injury on a work trip a compensable injury?

Now, if this were me, I don’t think I could bear to bring the dispute to court… However, there is presently a case before the Federal Court in which a woman is suing for worker’s compensation after she was injured during vigorous sex with a man she’d met while on a workplace trip. She was […]

Crazy Torts of the Past

Somehow, crazy tort claims seem like a modern phenomenon, a symptom of overly litigious and demanding consumer culture. However, this article from The Guardian says that insurance company Aviva researched tort law insurance claims dating back to the 1860s [pre-Donoghue v Stephenson], and found a plethora of frivolous or somewhat crazy claims: …[T]he Aviva research […]

A mixture problem

Have you ever made a good cocktail by accident? You know, where you combine various ingredients — including quite a few that don’t seem to go together — and yet finish up with something awesome? Yeah, doesn’t happen often, does it? Or it only tastes good when you’re drunk. Taste the mix again later — […]