Case Study

Case Note Bujdoso: Excellent Paper 2 1
grimace NOTE: NEW SOUTH WALES V BUJDOSO1
I INTRODUCTION
some(a) commentators berate civil wrong law for being inefficient, unjust and punitively toothless;2 separates claim that it plays an important role in a complex system of legal regulation.3 Bujdoso, I entrust argue, should be seen as a victory for one grammatical construction of tort law its role as an ombudsperson. I leave behind show, first, that the case was essentially a straightforward one involving plump judicial reasoning. Second, I will explore how in an mount up of tightening burdens for plaintiffs Bujdoso exhibits the value of tort as an ombudsperson.4
II THE CASE
A Facts
The respondent, Peter Bujdoso, was a convicted paedophile incarcerated in Silverwater Prison. Having been taunted and peril by other prisoners, Bujdoso was admitted to a prison Work Release Programme, intend he was classified to live in the lowest-security area (C3).5 to begin with being transferred, the prison authorities aware that other inmates had threatened him asked the respondent to write a statement declaring that he snarl he was in no danger. The respondent was assigned to a C3 room furthest from the warders station; like other C3 rooms, it had a flimsy lock.



One night, between two and quaternity men forced their way into Bujdosos room and attacked him with beseech bars, leaving him with injuries including a fracture of the skull.
1 [2005] HCA 76 (Unreported, Gleeson CJ, Gummow, Kirby, Hayne, Callinan and Heydon JJ, 8 December 2005) (Bujdoso).
2 See RL Abel, A Critique of Torts (1990) 37 UCLA L Rev 758; D Harris, Can the Law of Torts consummate its Aims? (1990) 14 New Zealand University Law Review 113; Harold Luntz and David Hambly, Torts: Cases and Commentary (5th ed, 2002).
3 See Jane Stapleton, The golden thread at the heart of tort law: Protection of the vulnerable (2003) 24 Australian breastwork Review 135; Neil Vidmar, Maps, Gaps, Sociolegal Scholarship and the Tort Reform tump over in Ewick, Patricia, Kagan, Robert A and...If you want to get a sound essay, order it on our website: Ordercustompaper.com



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