The Federation Press

Australian Principles of Tort Law


Now in its third 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 incorporates the latest materials and includes observations as to the scope and content of the growing body of legal interpretation of the tort law reform legislation across all jurisdictions, as courts throughout Australia interpret and apply the challenging 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 tort law reform legislation, and detail the impact and importance of the ’Ipp Report’.


Reviews of previous edition
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 make a fascinating and interesting area of law digestible and relevant. It provides essential reaidng 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

Table of Contents

Introduction to the law of torts
The nature of intentional torts
Intentional torts to the person
Actions on the cases for physical injuries or nervous shock
Trespass to land
Intentional torts relating to goods
Defences to intentional torts
Introduction to negligence and duty of care
Breach of duty
Scope of liability: Causation
Scope of liability: Remoteness of damage
Defences to negligence: contributory negligence, voluntary assumption of risk and statutory defences
The Framework of the NSW Civil Liability Act 2002
Personal liability of criminals, volunteers, good samaritans and apologists
Atypical plaintiffs and specific duty issues
Negligently caused pure economic loss
Liability of statutory authorities in Negligence
The Tort of Breach of statutory duty
Vicarious liability and non-delegable duties
Contribution among Tortfeasors

Of interest...