First Principles of Business Law

3. Liability for harm in Negligence

3.2. Restricting liability for careless conduct causing harm

To what extent should there be liability in particular cases for careless conduct that causes harm of a recognised kind? Consider the following statements and decide which of them correctly reflects the Australian approach.

(a) In Australian law, there is a general liability for all careless (negligent) acts that cause harm.

(b) In Australian law there is no liability for careless (negligent) acts that cause harm unless there is a recognised ‘duty of care’ to avoid causing that harm.