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The defence of joint illegal enterprise

Abstract:

In Smith v Jenkins (‘Smith’),1 the High Court recognised a defence of joint illegal enterprise to liability in the tort of negligence. It affirmed the existence of this defence in a series of cases, the most recent and important of which is Gala v Preston (‘Gala’).2 The correctness of this line of authority, which has proved highly influential in several other jurisdictions,3 is presently being reconsidered by the High Court in an appeal against the decision of the Western Australian Court of...

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Publication status:
Published
Peer review status:
Peer reviewed

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Institution:
University of Oxford
Division:
SSD
Department:
Law
Sub department:
Law Faculty
Role:
Author
Publisher:
Melbourne University
Journal:
Melbourne University Law Review More from this journal
Volume:
34
Issue:
2
Pages:
425-451
Publication date:
2010-01-01
ISSN:
0025-8938
Pubs id:
pubs:478563
UUID:
uuid:08dc3ab0-2caf-40d7-8c0a-9cd7cec667dc
Local pid:
pubs:478563
Source identifiers:
478563
Deposit date:
2014-08-17

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