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General / Thematic: The Individual Judge

A Good-Faith Challenge to the Taxonomy of Tort Law Defences


Iain Field

Perhaps unsurprisingly, there is no universally accepted taxonomy of tort law defences.[1]

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(2017) 40(2) UNSWLJ 537:

  1. Various possible taxonomies are nevertheless offered in, or may be gleaned from, the literature. For further discussion, see Part V of this article.] Indeed, at least one influential scholar in the field actively discouraged any attempt to compile a ‘systematic index of “exceptions” or “defences”’.[footnote* John G Fleming, The Law of Torts (Law Book, 9th ed, 1998) 8. The current editors have retained Fleming’s remarks: Carolyn Sappideen and Prue Vines (eds), Fleming’s The Law of Torts, (Law Book, 10th ed, 2011) 8.