Gray on ‘The Evolution from Strict Liability to Negligence: Implications for the Tort of Private Nuisance Part II’

Professor Anthony Gray of the USQ School of Law and Justice has published a new article titled 'The Evolution from Strict Liability to Negligence: Implications for the Tort of Private Nuisance Part II'.  The article appears in Volume 94(9) of the Australian Law Journal.  Here is the abstract:

"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. 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."