Torts in Commercial Law 2010

Torts in Commercial Law is an international conference exploring the nature and operation of the common law of torts in commercial law.

Host: The University of New South Wales, Faculty of Law
Dates: 17-18th December 2010
Location: Domain Theatre, Art Gallery of New South Wales
Contact: Please email torts@unsw.edu.au
Pricing: Pricing information is available on the registration form.

The speakers for Torts in Commercial Law are leaders in tort scholarship and practice drawn from the highest ranks of the judiciary, academy and profession. The conference is convened by Associate Professor Simone Degeling (UNSW) and Professor James Edelman (University of Oxford and Conjoint Professor at UNSW) and is the successor to the highly successful Fusion Conference (2004), and Restitution in Commercial Law Conference (2007) more information.

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Featured topic

Mr William Swadling
(University of Oxford)

Restitutionary Damages

This paper will consider the availability in the law of torts of damages awards, sometimes described as restitutionary damages, which strip the tortfeasor of profits made as a result of the tort. There is a growing recognition that these awards are available in relation to proprietary torts, but Australian and English courts have suggested that these awards should be so restricted. This paper shows that this view is ahistorical and contrary to principle.

Featured speaker

Lord Hoffmann
(House of Lords)

Lord Hoffmann was an advocate of the Supreme Court of South Africa 1958-60, called to English Bar by Gray's Inn in 1964 and appointed Queen's Counsel in 1977. He was appointed a judge of the High Court (Chancery Division) 1985-1992, elevated to the of the Court of Appeal 1992-1995 and was a Lord of Appeal in Ordinary from 1995 to 2009. During this period he delivered the leading speeches in many groundbreaking torts cases, particularly in the area of liability of public authorities and human rights. He now sits as an arbitrator, as a non-permanent judge of Hong Kong SAR Court of Final Appeal and teaches at the University of Oxford as a Visiting Professor.

Conference partners