• Publication Date: July 17, 2017
  • EAN: 9781760021382
  • 784 pages; 6" x 8⅝"
Filed Under: Torts

Australian Principles of Tort Law


Product Description

Now in its fourth edition, Australian Principles of Tort Law continues to provide currency, depth of analysis and clear instruction as to how to approach this challenging area of law. This edition provides clear explanation about the operation of civil liability legislation across Australian jurisdictions. It incorporates the latest materials and includes observations as to the scope and content of the growing body of legal interpretation of the civil liability legislation across all jurisdictions, as courts throughout Australia interpret and apply the legislative provisions.

Stewart and Stuhmcke succeed in clarifying a conceptually difficult area of law across all Australian jurisdictions. They discuss an excellent range of cases (geographical and hierarchical), explain the relevance and applicability of the civil liability legislation, and detail the impact and importance of the relationship between the legislation and the common law of tort.

List of Chapters
Table of Cases
Table of Statutes

1. Introduction to the Law of Torts
2. The Nature of Intentional Torts
3. Intentional Torts to the Person
4. Actions on the Case for Intentionally Caused Mental or Physical Harm
5. Trespass to Land
6. Intentional Torts Relating to Goods
7. Defences to Intentional Torts
8. Introduction to Negligence
9. Breach of Duty
10. Scope of Liability: Causation
11. Scope of Liability: Remoteness of Damage
12. Proof
13. Defences to Negligence: Contributory Negligence, Voluntary Assumption of Risk and Statutory Defences
14. The Framework of the Civil Liability Act 2002 (NSW)
15. Personal Liability of Criminals, Volunteers, Good Samaritans and the Apologetic
16. Atypical Plaintiffs and Specific Duty Categories
17. Negligently Caused Pure Economic Loss
18. Liability of Statutory Authorities in Negligence
19. The Tort of Breach of Statutory Duty
20. Vicarious Liability and Non-delegable Duties
21. Nuisance
22. Remedies
23. Death
24. Contribution Among Tortfeasors

The VIBE of the law of Torts

Reviews of previous editions:

The text carefully goes through the principles and cases on torts to the person, actions on the case for physical injuries and nervous shock, trespass to land, torts relating to goods, defences to intentional torts, negligence and duty of care, breach of duty, causation, remoteness of damage, defences to negligence, the NSW Civil Liability Act 2002, Personal Liability of criminals, Good Samaritans and apologists, atypical plaintiffs, pure economic loss, liability of statutory authorities, breach of statutory duty, vicarious liability and non-delegable duties, nuisance, remedies and contribution amongst tortfeasors. – Jane Grace, Principal Lawyer, Ethos, ACT Law Society, June 2009

This accessible work makes a fascinating and interesting area of law digestible and relevant. It provides essential reading and guidance on tort law and makes a valuable contribution to scholarship in the file. Its clear and comprehensive style makes it an accessible book for all those interested in tort law. – Law Society of South Australia, June 2009

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