Tort Law in New Zealand
Tort Law in New Zealand

Author: Stephen Todd

Publisher: Kluwer Law International B.V.

Published: 2022-07-20

Total Pages: 571

ISBN-13: 940354712X

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Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in New Zealand. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person’s most fundamental rights on a worldwide scale. Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all closely considered. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers in New Zealand. Academics and researchers will also welcome this very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort.

Torts in New Zealand
Torts in New Zealand

Author: William Hodge

Publisher:

Published: 1997

Total Pages: 648

ISBN-13: 9780195583496

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This is the second edition of the principal New Zealand casebook on the law of torts. Although New Zealand tort law draws on the common law of other countries, the book contains many distinctive New Zealand cases. The book begins with intentional torts, such as assault and battery, false imprisonment, and the new torts developed under the Bill of Rights Act. Dramatic changes in Accident Compensation coverage mean less no fault compensation and more potential for common law tort remedies. There are also new remedies for New Zealand Bill of Rights violations. The core of the book remains negligence, with a focus on the gulf which has opened up between the British House of Lords and the New Zealand Court of Appeal. The book continues with materials on the very recent cases which threaten to fold the doctrine of stricter liability back into nuisance and negligence. This new edition also covers the Defamation Act of 1992, which replaces the defences of justification and fair comment with defences of truth and honest opinion respectively.

Emerging Issues in Tort Law
Emerging Issues in Tort Law

Author: Jason W Neyers

Publisher: Bloomsbury Publishing

Published: 2007-05-29

Total Pages: 597

ISBN-13: 1847317014

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In this book, articles by leading tort scholars from Australia, Canada, Hong Kong, Israel, New Zealand, the United Kingdom and the United States deal with important theoretical and practical issues that are emerging in the law of torts. The articles analyse recent leading developments in areas such as economic negligence, causation, vicarious liability, non-delegable duty, breach of statutory duty, intentional torts, damages, and tort law in the family. They provide a foretaste of the issues that will face tort law in the near future and offer critical viewpoints that should not go unheeded. With its rich breadth of contributors and topics, Emerging Issues in Tort Law will be highly useful to lawyers, judges and academics across the common law world. Contributors: Elizabeth Adjin-Tettey, Kumaralingam Amirthalingam, Peter Benson, Vaughan Black, Peter Cane, Erika Chamberlain, Israel Gilead, Paula Giliker, Rick Glofcheski, Lewis N Klar QC, Michael A Jones, Richard Lewis, John Murphy, Jason W Neyers, Ken Oliphant, David F Partlett, Stephen GA Pitel, Denise Reaume, Robert H Stevens, Andrew Tettenborn, Stephen Todd, Shauna van Praagh, Stephen Waddams, David R Wingfield, Richard W Wright.

Recognizing Wrongs
Recognizing Wrongs

Author: John C. P. Goldberg

Publisher: Harvard University Press

Published: 2020-02-04

Total Pages: 393

ISBN-13: 0674246527

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Two preeminent legal scholars explain what tort law is all about and why it matters, and describe their own view of tort’s philosophical basis: civil recourse theory. Tort law is badly misunderstood. In the popular imagination, it is “Robin Hood” law. Law professors, meanwhile, mostly dismiss it as an archaic, inefficient way to compensate victims and incentivize safety precautions. In Recognizing Wrongs, John Goldberg and Benjamin Zipursky explain the distinctive and important role that tort law plays in our legal system: it defines injurious wrongs and provides victims with the power to respond to those wrongs civilly. Tort law rests on a basic and powerful ideal: a person who has been mistreated by another in a manner that the law forbids is entitled to an avenue of civil recourse against the wrongdoer. Through tort law, government fulfills its political obligation to provide this law of wrongs and redress. In Recognizing Wrongs, Goldberg and Zipursky systematically explain how their “civil recourse” conception makes sense of tort doctrine and captures the ways in which the law of torts contributes to the maintenance of a just polity. Recognizing Wrongs aims to unseat both the leading philosophical theory of tort law—corrective justice theory—and the approaches favored by the law-and-economics movement. It also sheds new light on central figures of American jurisprudence, including former Supreme Court Justices Oliver Wendell Holmes, Jr., and Benjamin Cardozo. In the process, it addresses hotly contested contemporary issues in the law of damages, defamation, malpractice, mass torts, and products liability.

Legal Research in New Zealand
Legal Research in New Zealand

Author: Mary-Rose Russell

Publisher:

Published: 2014-12

Total Pages:

ISBN-13: 9781927248034

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Written for undergraduate students of law, law clerks, novice law librarians, librarians in public libraries which host Depository Collections, and self-litigants, Legal Research in New Zealand explores the various legal sources, how to find them and how to go about best using them in a practical and user friendly style. Features: Written by well-respected New Zealand authoring team; Addresses legal research skills relevant to the New Zealand student and invaluable for their legal career; Up-to-date and relevant content