The Importance Of The Common Law Approach To Negligence

1907 Words8 Pages
In recent years, Queensland has made changes to legislation in this area of law after seeing an increase number of negligent claims. Professional negligence claims include all areas of the health industry, workplace incidents particularly within the building industry, education and personal industry. The statement “the common law approach to negligence is all that is needed to effectively regulate this area of law”, is not entirely true as a more detailed and harsher approach to negligence, such as legislation, would be greatly beneficial in approaching negligence. “Common law is defined as law that has been developed on the basis of preceding rulings by judges. Statutory laws are written laws passed by legislature and government of a country and those which have been accepted by the society.” (Diffen, 2017). It is argued that common law is simply not enough to adequately protect Australian citizens in claims of negligence. Hence in courts it could be argued that common law application is unreliable due to the myriad of circumstantial negligent situations. Therefore government intervention provides a safety net for courts to apply legislation to each case. The purpose of this essay [presentation] is to disprove that common law is all that is needed in the interpretation of negligent cases. This will be achieved by examining the legislation and case law. Parliament attempts to cover as many situations within civil law by legislating definition of actions, defenses and
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