This seminar is presented by the Australian Centre For Private Law and the Bar Association of Queensland.

Property or Loss: A Tension in Private Law

Mon 11 Jul 2016 5:00pm7:00pm


Bar Association of Queensland,
107 North Quay
Ground Floor, Inns of Court,
Topic:  "Property or Loss: A Tension in Private Law"
Presenter:  Professor Ben McFarlane (University College London)
Time:  Mon, 11 July : 5:00 pm - 7:00 pm
Contact:  Megan Niebling - CPD Team, ph: 3238 5109 , email:
More Information:  "There is a tension in private law between what might be seen as a property-based approach, which focusses on identifying and vindicating rights, and a loss-based approach, which instead focusses on identifying and compensating losses. A number of recent decisions, for example, are more consistent with the loss-based approach, which in some cases is used to extend liability (by allowing recovery of losses even in the absence of a recognised right), and in others is used to limit liability (by refusing to vindicate a right in a case where no loss has been suffered). In some of those decisions, judges have referred to the need to adopt a "realistic" or "economic" approach, focussing on overall gains or losses, as opposed to a "narrow" or "legalistic" view which looks instead to the parties' initial rights. I will consider the effects of such developments, and the possible ways of reconciling them with more traditional private law rules." 
Further Details:  Space is limited, to register email :