James Goudkamp
Biographic Data
| ID | 5579022 |
|---|---|
| NAME | James Goudkamp |
| GIVEN NAMES | James |
| FAMILY NAME | Goudkamp |
| SIGNATURE | GOUDKAMP J |
| AFFILIATIONS | University of Wollongong |
| ORCID | 0000-0002-4512-2904 |
| VERIFIED | Yes |
| TOTAL WORKS | 7 |
| TOTAL CITATIONS | 1 |
| WORKS AS AUTHOR | 6 |
| WORKS AS EDITOR | 1 |
| FIRST PUBLICATION YEAR | 2007 |
| LATEST PUBLICATION YEAR | 2026 |
| H-INDEX | 1 |
PS Atiyah
Tort Liability for Contractual Liability
This article addresses the doctrine of remoteness in tort in light of the Supreme Court’s landmark decision in Armstead v Royal & Sun Alliance Insurance Co. Ltd. Armstead further attenuates an already weak control on tortious liability. In outline, it does so in two ways: first, by establishing that contractual liabilities incurred as a result of tortiously caused property damage comprise non-remote damage provided that those liabilities represen…
Punitive Damages and the Place of Punishment in Private Law
It has long been orthodoxy that punitive damages, because they are awarded in order to punish, are an anomalous remedy. So entrenched is this understanding that it has never been seriously challenged. However, even apparent truisms about the law should be questioned and, accordingly, this article offers a rival account. It contends that the deeply ingrained view that punitive damages are an aberration is a half‐truth because several other remedia…
Contributory Negligence in the Twenty‐First Century
In this article we report the results of an empirical study of 368 first instance decisions on the contributory negligence doctrine handed down in England and Wales between 2000 and 2014. The two central questions at which we looked were: how often a defendant's plea of contributory negligence was successful; and by how much a claimant's damages were reduced when a finding of contributory negligence was made. We also considered the extent to whic…
Atiyah's Accidents, Compensation and the Law
Bad Character Evidence and Reprehensible Behaviour
The Criminal Justice Act 2003 ushered in a new system for determining the admissibility of bad character evidence in criminal proceedings. Unfortunately, this system is riddled with anomalies and plagued by obscurity. These problems contaminate its core as it is unclear what constitutes ‘bad character’ evidence. This uncertainty is in large part due to the fact that the Act offers little clue as to the meaning of the words ‘reprehensible behaviou…
Litigation Privilege
Litigation privilege has become unfashionable. It is under attack on multiple fronts throughout the common law world! In the United Kingdom, perhaps the most notable inroad on the privilege is that made by the House of Lords in Re L (A Minor) (Police Investigation: Privilege).2 In that case it was held that the privilege is an incident of adversarial proceedings and that, consequently, it did not obtain in respect of material generated for the pu…
Bad Character Evidence and Reprehensible Behaviour
The Criminal Justice Act 2003 ushered in a new system for determining the admissibility of bad character evidence in criminal proceedings. Unfortunately, this system is riddled with anomalies and plagued by obscurity. These problems contaminate its core as it is unclear what constitutes ‘bad character’ evidence. This uncertainty is in large part due to the fact that the Act offers little clue as to the meaning of the words ‘reprehensible behaviou…
Litigation Privilege
Litigation privilege has become unfashionable. It is under attack on multiple fronts throughout the common law world! In the United Kingdom, perhaps the most notable inroad on the privilege is that made by the House of Lords in Re L (A Minor) (Police Investigation: Privilege).2 In that case it was held that the privilege is an incident of adversarial proceedings and that, consequently, it did not obtain in respect of material generated for the pu…
Bad Character Evidence and Reprehensible Behaviour
The Criminal Justice Act 2003 ushered in a new system for determining the admissibility of bad character evidence in criminal proceedings. Unfortunately, this system is riddled with anomalies and plagued by obscurity. These problems contaminate its core as it is unclear what constitutes ‘bad character’ evidence. This uncertainty is in large part due to the fact that the Act offers little clue as to the meaning of the words ‘reprehensible behaviou…
Atiyah's Accidents, Compensation and the Law
Contributory Negligence in the Twenty‐First Century
In this article we report the results of an empirical study of 368 first instance decisions on the contributory negligence doctrine handed down in England and Wales between 2000 and 2014. The two central questions at which we looked were: how often a defendant's plea of contributory negligence was successful; and by how much a claimant's damages were reduced when a finding of contributory negligence was made. We also considered the extent to whic…
Punitive Damages and the Place of Punishment in Private Law
It has long been orthodoxy that punitive damages, because they are awarded in order to punish, are an anomalous remedy. So entrenched is this understanding that it has never been seriously challenged. However, even apparent truisms about the law should be questioned and, accordingly, this article offers a rival account. It contends that the deeply ingrained view that punitive damages are an aberration is a half‐truth because several other remedia…
Tort Liability for Contractual Liability
This article addresses the doctrine of remoteness in tort in light of the Supreme Court’s landmark decision in Armstead v Royal & Sun Alliance Insurance Co. Ltd. Armstead further attenuates an already weak control on tortious liability. In outline, it does so in two ways: first, by establishing that contractual liabilities incurred as a result of tortiously caused property damage comprise non-remote damage provided that those liabilities represen…
PS Atiyah
Legal principles and applications (6 works) · Law (5 works) · Political science (5 works) · Tort (4 works) · Law, Economics, and Judicial Systems (3 works) · Liability (3 works) · Psychology (3 works) · Criminal Law and Evidence (2 works) · Damages (2 works) · Doctrine (2 works)