The Road to Justice for Victims of Historic Child Abuse: Finding the Appropriate Path to a Remedy
||05 September 2019
||11:00 AM - 12:30 PM
||Toowoomba - Q303, or via Zoom
||For more information, please contact the Graduate Research School.
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The purpose of this thesis will be to articulate an acceptable statement of principle to explain why victims of historic child abuse ("HCA") as a specific category of claimants should be entitled to a remedy in tort, whether that advertising be through negligence, vicarious liability, or a non-delegable duty of care. The thesis will address the current deficiencies in the three tort doctrines, which either fail to provide a sufficient remedy to victims, and/or are the subject to criticism because the theoretical underpinnings are incoherent and inconsistent. The thesis will cover New Zealand, Australia, the United Kingdom and Canada. The author will propose that the concept of vulnerability provides the answer to the issues posed in the thesis.