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The Ross Hyams perspective

Ross Hyams is an educator and law practitioner. Here, Ross presents his unique perspective on the essential things you need to know about torts law.

We know that we all have a duty to our neighbour, and they have a duty towards us in return. When you stop and think about it, risk and consent is really a key part of our everyday lives.

There are lots of times in the everyday world when you might be asked to waive or give-up or exclude your rights to seek a legal remedy by signing a document. Other times, you will be asked for your informed consent before someone engages in an activity that places you at risk.

The following are some examples of waivers and consents you might have come across. Can you think of any others? If so, consider sharing them with other learners in the Comments section of this step.

  • Playing dangerous sports, like boxing.

  • Attending public events, like aeroplane shows.

  • Using a public service or a facility, like a car park.

  • Taking part in a community or education event, like an excursion.

  • Entering into an unsafe environment, through travel or tourism.

  • Surgical procedures, like getting your wisdom teeth taken out.

  • Allied health services, like visiting a chiropractor.

  • Trialing new or untested medications, to treat serious illnesses.

  • Engaging professional agents putting you at financial risk, like a real estate agent.

  • Providing instructions to your legal representative to make decisions for you, like a lawyer.

  • Authorising an enduring medical or financial power of attorney, like a relative or friend.


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This article is from the free online course:

Law for Non-Lawyers: Introduction to Law

Monash University

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