The Civil Liabilities Act of 2002 (NSW)
WORDS: 2639
UNIT: LEGL 101 Introduction to Law
How has the Civil Liabilities Act 2002 (NSW) impacted on businesses? Has the legislation provided more barriers for businesses to operate within Australia? In your answer you are to apply legislation, common law & equitable principles.
This essay will discuss the impact of the Civil Liabilities Act 2002 (NSW). It will argue that the business world has been affected in many ways and through the enforcement of this legislation it has created many controversial cases and incidents, which has not only extensively impacted on businesses, but also the general community. Business operators today have more barriers to pursue, and due to applied legislation it has encouraged them to enforce the concept of negligence as one of their barriers they have to comprehend and recognise as a part of the Australian legal system. The Donoghue v. Stevenson (1932) AC 562 case, as mention more in depth throughout the essay, has been a landmark case in terms of the tort of negligence. Since this case, negligence has become ‘by far the most important area of tort law’, and thus it has impacted extensively on businesses in Australia (Gibson & Fraser, 2005). This essay will outline and discuss the most important areas of the Civil Liabilities Act 2002 (NSW) and how it has affected the tort of negligence.
The Civil Liabilities Act 2002 (NSW) can be defined as the act that was introduced to make provision in relation to the recovery of damages for death or personal injury caused by the fault of a person; to amend the Legal Profession Act 1987 in relation to costs in civil claims (Weblaw Torts, 2004).
The Civil Liabilities Act 2002 (NSW) commenced retrospectively on March 20th 2 ...