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This revised edition provides an up-to-date and comprehensive account of the Australian law of torts. It presents the law of torts from an Australian perspective, without neglecting to examine its British roots. It includes a discussion of the latest in product liability, negligence, and malicious prosecution and abuse of process. The book also explores economic torts and recent changes in litigation. Clearly written, this work will interest the student and professional involved in international law.
This text offers accessible but comprehensive coverage of all aspects of torts law likely to be encountered in a student course, including nuisance, defamation and the economic torts. The chapters on negligence focus on the civil liability legislation enacted throughout Australia, particularly in respect of the standard of care and breach of duty, causation and scope of liability defences and assessment of damages for personal injury and include discussion of case law under this legislative regime.
This textbook still stands as one of the leading works of scholarship on Australian tort law. Fleming's coverage draws on authorities in Australia & other common law jurisdictions, providing a thorough analysis for student & practitioner alike. A clear, precise & comprehensive statement of modern tort law, it is founded on a strong philosophical examination of this central area of the law.
Torts: Principles, Skills & Application introduces students to the legal concepts, key cases and contemporary issues surrounding the law of intentional and negligent torts and offers a practical guide to how tort principles are applied in legal practice. Discussion includes coverage of the statutory framework of the civil liability Acts and other relevant legislation in each Australian jurisdiction, reflecting the growing centrality of statute, and statutory interpretation, in the suite of legal skills relevant to law studies and legal practice. Student-friendly features such as accessibly-written explanations, clear learning objectives, the inclusion of tables and diagrams scaffolding information, case summaries, and example answers to legal problems support effective learning. Chapters on tort law in practice and class actions provide context to the understanding of tort law principles. A specific and focused chapter on torts research assists in the development of foundational skills. Features ¿ Real world, student-friendly discussion provides context for the study of tort law ¿ Relevant and current content aligns with current teaching in tort law ¿ Strong pedagogic structure supports learning ¿ Hands-on, practical approach underpins development of essential legal skills
This book does what it 'says on the tin' - stating the corpus of tort law as a body of principles. Undertaken for the first time in English tort law, this book describes the law of tort concisely, accessibly, and accurately, and with both depth and detail.
Review of the law of negligence: September 2002 report: cat no. 0215864.
This book looks anew at the tort remedy and reform proposals surrounding the modern debate on compensation for personal injuries. Arguing that serious distortions underlie the debate because of its focus on victims of traumatic accidents, the author calls for the consideration of other legally neglected but highly publicized sources of disability including man-made health hazards such as asbestos, tobacco, and Agent Orange, and socially-spread diseases such as AIDS. This ground-breaking study demonstrates that attention to such crucial issues explodes much of the conventional wisdom about just how to tackle reform and reveals that a fundamental rethinking of the compensation debate is urgently needed.
This book provides guidance for judicial officer in the conduct of civil proceedings, from preliminary matters to the conduct of final proceedings and the assessment of damages and costs. It contains concise statements of relevant legal principles, references to legislation, sample orders for judicial official to use where suitable and checklists applicable to various kinds of issues that arise in the course of managing and conducting civil litigation.
"This book unpacks in comprehensive detail every important aspect of its topic... (It) is and will remain for a long time a work of central importance on its topic in Australia and beyond." - From the Foreword, by the Honourable Robert S French, Chief Justice of the High Court of Australia. This title explores the issue of tort liability for mental harm and renews the landmark work previously published as Mullany & Handford's Tort Liability Psychiatric Damage (in 1993 and 2006) It provides specialised consideration of negligence liability for what the Civil Liability Acts now refer to as mental harm, also described as 'psychiatric damage' or 'nervous shock'. It draws widely on the case law and refers in detail to the legislation across Australia to address key issues such as the kinds of mental harm for which a claim will lie, who may claim and in what circumstances. This third iteration of the title offers a comprehensive reference work covering the law in Australia. In the 21st century the law of torts in Australia has steadily diverged from other common law jurisdictions and followed an independent path. Accordingly, this edition concentrates primarily on Australian law while continuing to discuss the law in other common law jurisdictions where it is pertinent to Australian developments or when a useful contrast can be drawn.