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.
Provides a concise overview of the key concepts and principles of this area of law. Significant commentary together with supporting cases, problem and tutorial questions, flow charts and tables, all assist the student to further their understanding and assess their knowledge.
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.
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.
Covers the essential topics in torts law. The law is analysed in an accessible manner and is designed to encourage understanding and reflective thinking and to develop students' skills for analysis.
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 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.
Unconscionable Conduct - The Laws of Australia (2nd Edition) provides revised and up-to-date analysis of estoppel, duress, undue influence, misrepresentation, unconscionability, unconscionable dealing and now includes commentary on the principles of equitable mistake by Professor JLR Davis. In so doing, it offers practitioners a unique and in-depth understanding of the equitable, legal and legislative grounds upon which commercial transactions may be set aside for unfair conduct. The 1st edition was praised as a "highly reliable book [that] will earn its place on the shelf of any practitioner in the area" (ACT Law Society - Ethos, 2006) and "a superb and, especially given the qualifications of its many original and updating authors, an authoritative reference book" (Trade Practices Law Journal, 2006). This new edition covers the latest developments in case law such as the New South Wales Court of Appeal's decision on duress in Australia and New Zealand Banking Group Ltd v Karam (2005) 64 NSWLR 149 and its application in Maher v Honeysett and Maher Electrical Contractors Pty Ltd [2007] NSWSC 12; discussion of the relationship between contract and estoppel in Donis v Donis [2007] VSCA 89 and Barnes v Alderton [2008] NSWSC 107; and the implications of the Victorian Court of Appeal decision in Accurate Financial Consultants Pty Ltd v Koko Black Pty Ltd (2008) 66 ACSR 325. Also considered are new legislative developments such as those affecting independent contractor relationships under the Independent Contractors Act 2006 (Cth) and the statutory extension of unconscionable conduct under the Retail Leases Act 2003 (Vic). This material is also published as part of Titles 7 "Contract: General Principles" and 35 "Unfair Dealing" of The Laws of Australia legal encyclopaedia.
Studies in Law (2nd edition) introduces non-law and new law students to the following fundamental areas of law: Tort Law; Business Law; Real Property Law; the Australian Legal System; Criminal Law and Legal Research. Compiled and edited by Donald Gordon for students at Victoria University, the content has been selected from various Thomson Reuters publications as well as including original material. Studies in Law (2nd edition) is also available to other educational institutions.
