Cases on Torts

Cases on Torts

Paperback

By (author) Jane Swanton, By (author) Barbara McDonald, By (author) Ross Anderson, By (author) Stanley Yeo

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  • Publisher: Federation Press
  • Format: Paperback | 520 pages
  • Dimensions: 662g
  • Publication date: 20 February 2007
  • Publication City/Country: Annandale, NSW
  • ISBN 10: 1862876134
  • ISBN 13: 9781862876132
  • Edition: 4, Revised
  • Edition statement: 4th Revised edition
  • Sales rank: 469,392

Product description

Tort law is the law of civil wrongs. In legal practice, tort law is dominated by claims for personal injury and death arising out of motor and workplace accidents. However, the scope of tort law is much broader. It includes other remedies for interference with bodily integrity and remedies for interference with interests in land and goods. In addition, the tort of negligence provides a remedy for harm of a non-physical kind in a wide range of circumstances, for example, psychiatric injury and pure economic loss. In contemporary Australian law, there is no closed list of civil wrongs and tort law is in a state of constant agitation in response to changing societal expectations of responsibility for loss causing activities. The fourth edition of this established casebook seeks, through an authoritative selection of cases, to illuminate the principles of contemporary Australian tort law and to capture the underlying trends in the development of the law.

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Review quote

The editors have avoided including non-Australian cases, unless they are of historical or doctrinal importance or where there are no Australian cases on point. This means that old favourites like Tuberville v Savage (1669) (aaC--oeIf it were not Assize time, I would not take such language from you.aaC--) and Fagan v Commissioner of Metropolitan Police (1968) (the car parked on the policemanaaC--(t)s foot) appear only as footnotes. The great strength of this casebook is its emphasis on modern Australian authorities. Since the second edition, 62 cases have been substituted with 41 cases. Cases on Torts divides its subject into the usual categories. aaC--| The section on defences includes Rootes v Shelton (1967) (the waterskier who was injured while skiing on the Macquarie River because he was momentarily blinded by the boataaC--(t)s wash), Horkin v North Melbourne FCSC (1983) (the man ejected from a football social club), and Henwood v Municipal Tramways Trust (1938) (the man who, while vomiting over the side of a tram, struck his head on two street poles and consequently died). The law is always full of stories, some mundane, some macabre, some which almost defy belief. The cases selected by the editors of this book not only illustrate the principles of tort, but do so in some extraordinary and controversial circumstances. This is not really a book for practitioners. However, if I taught torts, I would not hesitate to set this book as the prescribed text. Law Institute Journal (Vic), February 2003 A comprehensive collection highlighting the founding principles of Australian tort law aaC--| Cases are set out with clear reference to the nature and outcome of specific civil claims, while the publisheraaC--(t)s website makes provision for edited versions of most recent cases. The format with which cases are presented and explained makes this an ideal reference for Preliminary Legal Studies Part 1: The legal system aaC--" sources of law and The operation of the legal system. SCAN (Curriculum K-12 Directorate), February 2004

Table of contents

Historical Background Trespass and Case Fault in Trespass Interference with the Person Battery Assault False Imprisonment Action on the Case for Wilful Injury Interference with Land Trespass Private Nuisance Interference with Goods Trespass and Conversion Possession and Finding Owner's Reversionary Interest Negligence: Duty of Care General Principles Products and Structures Rescuers Nervous Shock Pre-Natal Injuries and Wrongful Birth and Wrongful Life Supervision and Control Public Authorities Pure Economic Loss Policy Based Exclusions Negligence: Breach of Duty Standard of Care Proof of NegligenceRole of Judge and Jury Causation and Remoteness of Damage Causation New Act Intervening Remoteness Death or Injury to a Third Party Fatal Accidents Loss of Services Breach of Statutory Duty Legislative Intention Causation Kind of Damage Public Nuisance Title to Sue Highway and Waterway Obstruction Defences Consent Volenti Non Fit Injuria Contributory Negligence Plaintiff's Unlawful Conduct Necessity Concurrent Liability Vicarious Liability Agency Non-Delegable Duties Contribution between Tortfeasors Damages Compensatory Damages for Personal Injuries Fatal Accidents Compensatory Damages for Property Damage Damages for Interference with Goods Aggravated and Exemplary Damages Tables of Cases/ Tables of Statutes