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.

Little attention has been paid to the development of Australian private law throughout the first half of the twentieth century. Using the law of tort as an example, Mark Lunney argues that Australian contributions to common law development need to be viewed in the context of the British race patriotism that characterised the intellectual and cultural milieu of Australian legal practitioners. Using not only primary legal materials but also newspapers and other secondary sources, he traces Australian developments to what Australian lawyers viewed as British common law. The interaction between formal legal doctrine and the wider Australian contexts in which that doctrine applied provided considerable opportunities for nuanced innovation in both the legal rules themselves and in their application. This book will be of interest to both lawyers and historians keen to see how notions of Australian identity have contributed to the development of an Australian law.

TORTS IN COMMERCIAL LAW guides practitioners through a complex, difficult and controversial area of the law, offering a resource illuminating the many particular and difficult issues at this intersection. The third volume in a compelling "commercial law library", accompanying Equity in Commercial Law and Unjust Enrichment in Commercial Law, this new book will be turned to frequently. Based on the papers presented at the international conference, "Torts in Commercial Law 2010", this book brings together in one volume a series of chapters from a team of prestigious contributors analysing the interaction of common law and equity in commercial law. Its unique strength is its sustained examination and the conceptual unity that it brings to the subject matter. The world's leading experts - practitioners, judges and academics - provide unique commentary in this key area of the law. Contents Introduction Part I: General Themes and Directions Part II: Economic Torts and Economic Loss Part III: Insurance and the State Part IV: Causation, Damages and Defences Contributors include The Hon Justice James Allsop, Associate Professor Kit Barker, Professor Andrew Burrows QC FBA, Associate Professor Simone Degeling, Dr Simon Douglas, The Hon Justice James Edelman, The Hon Chief Justice Robert French AC, Professor Mark Gergen, Dr James Goudkamp, The Hon Sir Grant Hammond KNZM, The Rt Hon Lord Hoffmann PC, Professor Lewis Klar, Professor Barbara McDonald, Associate Professor Jason Neyers, Professor Jane Stapleton, Professor Robert Stevens, Professor Jenny Steele, Mr William Swadling, Professor Stephen Todd and Professor Prue Vines.

This book aims to provide a detailed analysis and overview of the duty of care enquiry, drawing on both academic analyses and judicial experience in leading common law systems. A new structure through which duty problems can be analysed is also proposed. It is hoped that the book provides some fresh insights and clarity of the concept to the reader.

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

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.