In this episode we consider the case of Biggs v O'Connor [2021] VSC 826, a case decided by Justice Keogh of the Victorian Supreme Court, which considered the liability of a motorcycle rider for damages for negligently inflicted psychiatric injury to a secondary victim, here the spouse of the deceased motorcyclist's passenger who died as a result of an accident caused by the negligent riding and control of the motorcycle. This case considered the effect of intoxication on the question of duty and the Volenti defence, and whether the duty owed to the secondary victim was independent of, and not derived from, the duty owed to the primary victim.

In this episode we consider the case of Biggs v O'Connor [2021] VSC 826, a case decided by Justice Keogh of the Victorian Supreme Court, which considered the liability of a motorcycle rider for damages for negligently inflicted psychiatric injury to a secondary victim, here the spouse of the deceased motorcyclist's passenger who died as a result of an accident caused by the negligent riding and control of the motorcycle. This case considered the effect of intoxication on the question of duty and the Volenti defence, and whether the duty owed to the secondary victim was independent of, and not derived from, the duty owed to the primary victim.

Welcome to "Res Ispa Loquitur" with Paul Czarnota, award-winning barrister and law lecturer, serving up your shortcut to legal wisdom.

In each episode, we navigate the intricate world of torts, insurance, and personal injuries and break down recent and important cases - by delivering short, sharp, and easy-to-digest summaries.

This is for time-poor practitioners, eager law students, and anyone with a curious mind.

We unpack cases under Australian law and beyond, ensuring you stay ahead of the legal curve.

Subscribe now to "Res Ispa Loquitur", your go-to library of legal clarity.

Connect: paulczarnota@vicbar.com.au

*Disclaimer: This is for education purposes only and not to be used as a substitute for legal advice.

Welcome to "Res Ispa Loquitur" with Paul Czarnota, award-winning barrister and law lecturer, serving up your shortcut to legal wisdom.
In each episode, we navigate the intricate world of torts, insurance, and personal injuries and break down recent and important cases - by delivering short, sharp, and easy-to-digest summaries.
This is for time-poor practitioners, eager law students, and anyone with a curious mind.
We unpack cases under Australian law and beyond, ensuring you stay ahead of the legal curve.
Subscribe now to "Res Ispa Loquitur", your go-to library of legal clarity.
Connect: <a href="mailto:paulczarnota@vicbar.com.au">paulczarnota@vicbar.com.au</a>
*Disclaimer: This is for education purposes only and not to be used as a substitute for legal advice.

Res Ipsa Loquitur

Welcome to "Res Ispa Loquitur" with Paul Czarnota, award-winning barrister and law lecturer, serving up your shortcut to legal wisdom.
In each episode, we navigate the intricate world of torts, insurance, and personal injuries and break down recent and important cases - by delivering short, sharp, and easy-to-digest summaries.
This is for time-poor practitioners, eager law students, and anyone with a curious mind.
We unpack cases under Australian law and beyond, ensuring you stay ahead of the legal curve.
Subscribe now to "Res Ispa Loquitur", your go-to library of legal clarity.
Connect: <a href="mailto:paulczarnota@vicbar.com.au">paulczarnota@vicbar.com.au</a>
*Disclaimer: This is for education purposes only and not to be used as a substitute for legal advice.

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