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Sydney Law School: Recent submissions

    • Assignment of contractual rights: The apparent reformulation of the personal rights rule 

      Tolhurst, Gregory
      Published 2007
      It is a fundamental rule of assignment that personal contractual rights cannot be assigned. It is also well settled that whether or not a right is personal is an issue of construction. However, there is a view that greater ...
      Open Access
      Article
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    • A carton of milk, a bump to the head and one legal headache: vicarious liability in the High Court of Australia 

      Rolph, David
      Published 2006
      The latest consideration of vicarious liability by the High Court of Australia arose from a common, everyday occurrence. Late one afternoon in early August 2000, Maria Sweeney stopped in at the BP service station in West ...
      Open Access
      Article
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    • A clearly inappropriate forum? Jurisdiction, internet defamation and the high court of Australia 

      Rolph, David
      Published 2003
      When the High Court of Australia handed down its decision in Dow Jones & Co Inc v Gutnick on 10 December 2002, it attracted international media coverage, a significant proportion of which was hostile. This level of interest, ...
      Open Access
      Article
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    • The concept of publication in defamation law 

      Rolph, David
      Published 2021
      Publication is an element of the tort of defamation. Increasingly, internet technologies raise difficult issues of publication. Because mass media technologies did not present doctrinal problems about the concept of ...
      Open Access
      Article
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    • Triviality, proportionality and the minimum threshold of seriousness in defamation law 

      Rolph, David
      Published 2019
      Dealing with trivial defamation claims has been of increasing concern in the United Kingdom, Australia and New Zealand. This is consistent with the need to deploy finite resources allocated to the civil administration of ...
      Open Access
      Article
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