The evolution from strict liability to negligence: Implications for the tort of private nuisance - Part 2

The evolution from strict liability to negligence: Implications for the tort of private nuisance - Part 2

Part 1 of this article considered the broad shift in the law of tort away from a strict liability, “act at peril” approach in favour of a fault-based system of liability, best shown in the explosive growth of the tort of negligence (see: "The evolution from strict liability to negligence: When and why? - Part 1" 'Australian Law Journal' (2020) 94 (8): 614-630). Given the overwhelming prevalence of fault-based liability in negligence, it causes us to wonder about continuing pockets of strict liability elsewhere in tort law. The tort of private nuisance is typically seen as one such tort. Part 2 considers these trends and developments, with a view to considering whether the tort of private nuisance might now be subsumed into the law of negligence, as has occurred with other torts that formerly had a separate identity.

This article was first published by Thomson Reuters in the Australian Law Journal and should be cited as Anthony Gray, The evolution from strict liability to negligence: Implications for the tort of private nuisance - Part 2, (2020) 94 ALJ 699. For all subscription inquiries please phone, from Australia: 1300 304 195, from Overseas: +61 2 8587 7980 or online at https://www.thomsonreuters.com.au/en-au/contact.html. The official PDF version of this article can also be purchased separately from Thomson Reuters at http://sites.thomsonreuters.com.au/journals/subscribe-or-purchase.