Private Law Theory

ABSTRACT
Discusses whether contributory negligence provides a defence to trespass to the person against the background of the New South Wales Court of Appeal decision in Irlam v Byrnes. Suggests that the outcome in the case is unsatisfactory, compares the UK position, and considers the case’s implications for the law of Australia and England. Argues that principle requires that contributory negligence be a defence to trespass to the person.

Cooney, Henry, Trespass to the Person and Contributory Negligence (November 30, 2022), 139 Law Quarterly Review 15 (2023).