Barclay v Penberthy, the rule in Baker v Bolton and the action for loss of services: a new recipe required

Gray, Anthony (2014) Barclay v Penberthy, the rule in Baker v Bolton and the action for loss of services: a new recipe required. Monash University Law Review, 40 (3). pp. 920-941. ISSN 0311-3140

Abstract

This paper considers the High Court of Australia's refusal to overturn the old precedent Baker v Bolton to the effect that no action is available for loss of services, and its position regarding the law on the ability of employers to recover damages due to injury to their employees. It argues the High Court was wrong to refuse to abandon the old-rule in Baker v Bolton, a case infected with confused reasoning, and that it should have subsumed the action for loss of services claim into either a claim based on interference with contractual relations, or negligence.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Permanent restricted access to Published version in accordance with the copyright policy of the publisher.
Faculty / Department / School: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice
Date Deposited: 26 May 2015 00:47
Last Modified: 07 Sep 2016 01:43
Uncontrolled Keywords: Baker v Bolton, Lord Campbell's Act, Barclay v Penberthy, wrong, loss of services, negligence, interference with contractual relations
Fields of Research : 18 Law and Legal Studies > 1801 Law > 180126 Tort Law
Socio-Economic Objective: C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940405 Law Reform
URI: http://eprints.usq.edu.au/id/eprint/27352

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