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 ONE: INTRODUCTION ; 1. INTRODUCTION TO THE LAW OF TORTS AND HISTORICAL OVERVIEW ; 2. DAMAGES ; 3. SURVIVAL ACTIONS AND WRONGFUL DEATH; STATUTORY COMPENSATION SCHEMES ; PART TWO: INTENTIONAL TORTS ; 4. TRESPASS TO THE PERSON (BATTERY AND NEGLIGENT TRESPASS; ASSAULT AND FALSE IMPRISONMENT ; 5. TRESPASS TO LAND ; 6. MISCELLANEOUS INTENTIONAL TORTS OF ACTION ON THE CASE FOR PERSONAL INJURY ; 7. DECEIT AND INJURIOUS FALSEHOOD ; 8. TORTS OF INTENTIONAL INTERFERENCE WITH GOODS/PERSONAL PROPERTY ; 9. DEFENCES TO INTENTIONAL TORTS ; PART THREE: THE TORT OF NEGLIGENCE ; 10. NEGLIGENCE: DUTY OF CARE ; 11. BREACH OF DUTY OF CARE ; 12. CAUSATION AND PROOF OF BREACH ; 13. REMOTENESS OF DAMAGE ; PART FOUR: PARTICULAR CATEGORIES OF CASE ; 14. PURE NONFEASANCE (PURE OMISSIONS) ; 15. MENTAL HARM: LIABILITY FOR NEGLIGENTLY OCCASIONED PURE PSYCHIATRIC INJURY ; 16. PURE ECONOMIC LOSS ; PART FIVE: DEFENCES TO NEGLIGENCE ; 17. DEFENCES TO NEGLIGENCE ; PART SIX: STRICT-LIABILITY TORTS ; 18. PUBLIC AND PRIVATE NUISANCE ; 19. BREACH OF STATUTORY DUTY ; 20. VICARIOUS LIABILITY AND NON-DELEGABLE DUTY OF CARE: TYPES OF LIABILITY ; PART SEVEN: DEFAMATION ; 21. ESTABLISHING DEFAMATION ; 22. DEFENCES AND REMEDIES IN DEFAMATION LAW
