Full Description
The New Law of Torts third edition continues to question whether foundational principles and policies of torts law, reflect the social and moral values of modern Australian society. Living up to its name as The New Law of Torts, this book has been up-dated with the latest legislative and judicial development as well as the recent major cases, reflecting the changing nature of tort law.
This is an essential and accessible text as it provides a clear and succinct discussion of the interface between the statutory regime in each jurisdiction and the common law. It comprehensively covers the law as it is applicable to the whole of Australia. The book has clearly delineated parts, sections and topics for each genus of torts (trespass, action on the case, statutory wrongs, etc.), and each species (battery, assault, negligence, nuisance). Headings and sub-headings provide useful breaks in the text, and selected cases are used not only as authorities, but also as illustrations of principle and judicial reasoning.
Contents
PART I: INTRODUCTION1. Introduction to the Law of Torts and Historical Overview2. Damages3. Survival Actions and Wrongful Death; Statutory Compensation SchemesPART II: INTENTIONAL TORTS4. Trespass to the Person (Battery and Negligent Trespass; Assault and False Imprisonment)5. Trespass to Land6. Miscellaneous Intentional Torts of Action on the Case for Personal Injury7. Deceit and Injurious Falsehood8. Torts of Intentional Interference with Goods or Personal Property9. Defences to Intentional TortsPART III: THE TORT OF NEGLIGENCE10. Negligence: Duty of Care11. Breach of Duty of Care12. Causation and Proof of Breach13. Remoteness of DamagePART IV PARTICULAR CATEGORIES OF CASE14. Pure Nonfeasance (Pure Omissions)15. Mental Harm: Liability for Negligently Occasioned Pure Psychiatric Injury16. Pure Economic LossPART V: DEFENCES TO NEGLIGENCE17. Defences to NegligencePART VI: STRICT-LIABILITY TORTS18. Public and Private Nuisance19. Breach of Statutory Duty20. Vicarious Liability and Non-delegable Duty of Care: Types of LiabilityPART VII: DEFAMATION21. Establishing Defamation22. Defences and Remedies in Defamation Law
