Law Commons^™

Teaching Laws With Flaws: Adopting A Pluralistic Approach To Torts, Taunya Lovell Banks

Taunya Lovell Banks

No abstract provided.

The Tort Of Betrayal Of Trust, Caroline Forell, Anna Sortun

Caroline A Forell

Fiduciary betrayal is a serious harm. When the fiduciary is a doctor or a lawyer, and the entrustor is a patient or client, this harm frequently goes unremedied. Betrayals arise out of disloyalty and conflicts of interest where the lawyer or doctor puts his or her interest above that of his or her client or patient. It causes dignitary harm that is different from the harm flowing from negligent malpractice. Nevertheless, courts, concerned with overdeterrence, have for the most part refused to allow a separate claim for betrayal. In this Article, we suggest that betrayal deserves a remedy and propose …

The Synergy Of Early Offers And Medical Explanations/Apologies, Christopher J. Robinette

Christopher J Robinette

Nsw Court Of Appeal: Is Public Liability Created Under Oh&S Legislation?, Neil J. Foster

Neil J Foster

Case note on a recent decision of the NSW Court of Appeal dealing with civil liability for breach of OHS legislation.