Conference presentation
Explaining Fault in Trespass: A Teaching Framework for Intentional and Negligent Conduct in Trespass
Australian and New Zealand Tort and Compensation Researchers and Teachers Network Symposium 2026 (Bond University, Gold Coast, 16/02/2026–17/02/2026)
02/2026
Abstract
Distinguishing between what is labelled “intentional trespass” and “negligent trespass” presents persistent challenges for tort law educators and students. Australia’s doctrinal landscape on trespass is fragmented, with limited High Court authority and increasing divergence from English case law. Complexity is compounded by multiple causes of action under trespass, uncertainty about who bears the onus of proving or disproving fault and ambiguity surrounding the meaning of an intentional act done with intent to cause injury within several civil liability Acts.
This presentation introduces a structured framework for unpacking tortious ideas of fault in trespass. It clarifies the boundaries between intentional and negligent trespass and situates related concepts such as “utterly without fault,” involuntary acts and inevitable accident. Drawing on doctrinal analysis and recent case law, the framework equips educators to guide students through the intricacies of fault in trespass and provides practical strategies for explaining these distinctions in the classroom.
Details
- Title
- Explaining Fault in Trespass: A Teaching Framework for Intentional and Negligent Conduct in Trespass
- Authors/Creators
- Sarah Withnall Howe (Author) - Murdoch University, School of Law and Criminology
- Conference
- Australian and New Zealand Tort and Compensation Researchers and Teachers Network Symposium 2026 (Bond University, Gold Coast, 16/02/2026–17/02/2026)
- Identifiers
- 991005908178907891
- Murdoch Affiliation
- School of Law and Criminology
- Resource Type
- Conference presentation
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