Intentional Negligence – A Contradiction in Terms?

Abstract

The area of torts dealing with the intentional and negligent infliction of personal injury is characterised by the interplay between the torts of trespass to the person, negligence, and the rule in Wilkinson v. Downton. However, negligence is the dominant tort. Beginning as a cause of action restricted to indirect injuries, in 1833 it expanded into the area of direct injuries, provided that the defendant’s conduct was negligent and not wilful. Negligence has now crossed this boundary; in recent years it has been extended to intentional wrongs, a development openly recognised by Australian courts. The author looks at the rise of ‘intentional negligence,' and suggests that the interrelationship of the various torts dealing with personal injury is more complex than conventionally suggested.

Keywords: torts, negligence, damages, intentional and negligent infliction of personal injury