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Business
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| Number of pages / Number of words: |
11 / 2812 |
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‘It is desirable to examine a method for the reform of the common law with the objective of limiting liability and quantum of damages arising from personal injury and death’ (Drabsch, Cited in Feldthusen, 2002, pp. 31-2). Accordingly, the Panel was requested to: ‘Inquire into the application, effectiveness and operation of common law principles applied in negligence to limit liability arising from personal injury or death and to develop and evaluate principled options to limit liability and quantum of awards for damages’ (The Review Of The Law Of Negligence, The Ipp report, 2005)...
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Some of the main principles used today in negligence law to limit the liability for damages, include (d) the remoteness of the risk and (b) causation (The Ipp report, 2005).
The Ipp Panel agreed that the ‘common opinion’ in Australia was that the law of negligence is unclear and unpredictable, it is too easy for plaintiffs to establish liability, and awards of damages are too high...
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