Perhaps unsurprisingly, there is no universally accepted taxonomy of tort law defences.[1]
Please access a pdf of the full article using the link to the left.
(2017) 40(2) UNSWLJ 537: https://doi.org/10.53637/PHWQ1298
- 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.