Australian Principles of Tort Law

Pam Stewart, Anita Stuhmcke (Autoren)

Buch | Softcover

400 Seiten

2009 | 2nd New edition
Federation Press (Verlag)
978-1-86287-727-6 (ISBN)

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Since 2002 in all Australian jurisdictions legislative reform has transformed the law of torts. It is no longer a body of unified common law but is an area governed by a diverse array of non-uniform statutes in each Australian jurisdiction. Now in its second edition Australian Principles of Tort Law provides both currency and depth of analysis to the ongoing legal issues in relation to tort law reform legislation as the courts throughout Australia interpret and apply the challenging new legislative provisions. The recent cases on the legislation are fascinating and often intricate as judicial reasoning is applied to create an evolving area of law based increasingly upon personal responsibility. Australian Principles of Tort Law makes this complex area of law accessible to students new to the field and provides commentary and analysis useful to those seeking ongoing engagement and understanding in the area of tort law. The work clarifies a conceptually difficult area of law across all Australian jurisdictions. Excellent ranges of cases (geographical and hierarchical) are discussed together with an explanation of the relevance and applicability of the tort law reform legislation. Stewart and Stuhmcke also detail the impact and importance of the work of the Federal Government Review Panel into negligence (now commonly referred to as the 'Ipp Report') and outline how the Panel illuminates and explains legislative change. This accessible work makes a fascinating area of law digestible and relevant. It provides essential reading and guidance on tort law and makes a valuable contribution to scholarship in the field. Its clear and comprehensive style makes it an accessible and interesting book for allthose interested in tort law.

Contents 1 Introduction to the law of torts 2 The nature of intentional torts 3 Intentional torts to the person4 Actions on the case for physical injuries or nervous shock 5 Trespass to land 6 Intentional torts relating to goods 7 Defences to intentional torts 8 Introduction to negligence and duty of care 9 Breach of duty 10 Scope of liability (i) Causation 11 Scope of liability (ii) Remoteness of damage 12 Proof 13 Defences to negligence: contributory negligence, voluntary assumption of risk and statutory defences 14 The Framework of the NSW Civil Liability Act 2002 15 Personal liability of criminals, volunteers, good samaritans and apologists 16 Atypical plaintiffs and specific duty issues 17 Negligently caused pure economic loss 18 Liability of statutory authorities 19 Breach of statutory duty 20 Vicarious liability and non-delegable duties 21 Nuisance 22 Remedies 23 Death 24 Contribution among Tortfeasors Index

Erscheint lt. Verlag	1.3.2009
Verlagsort	Annandale, NSW
Sprache	englisch
Maße	156 x 234 mm
Gewicht	1072 g
Themenwelt	Recht / Steuern ► EU / Internationales Recht
Themenwelt	Recht / Steuern ► Privatrecht / Bürgerliches Recht ► Besonderes Schuldrecht
ISBN-10	1-86287-727-0 / 1862877270
ISBN-13	978-1-86287-727-6 / 9781862877276
Zustand	Neuware