Tort law is a dynamic area of Australian law, offering individuals the opportunity to seek legal remedies when their interests are infringed. Contemporary Australian Tort Law introduces the fundamentals of tort law in Australia today in an accessible, student-friendly way.
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.
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.
A practical guide to the law of torts and how to study itConnecting with Tort Law provides students with not only the understanding of the law of torts itself, but also the fundamentals of legal argument and problem-solving. The text is divided into two parts.Part 1: Preparing for Success gives an overview of tort law and its challenges, and sets students up for successful study in torts. Students will learn how to analyse problem questions and torts cases, how to identify issues and structure an answer to a torts problem, and how to argue like a torts lawyer.Part 2: The Torts puts the insights gained from Part 1 into practice as the elements of each tort are identified. This section has been thoroughly updated with new cases and references and has an increased focus on negligence, reflecting the legislative changes in this area. There are three new chapters covering negligence: Duty of Care, Breach, and Causation. In addition Chapter 9: Defamation has been updated with a specific focus on defamation in the age of social media, and Chapter 10: Introduction to Negligence also incorporates the challenges of the Digital Age.KEY FEATURESActive reading tasks help students focus on the law as they read each chapter and reinforce their understandingLegislation Alerts prompt students to take note of statutes in their jurisdiction that may modify the common lawLook-up charts clearly present all of the basic elements of each tort and the 'ingredients' of each defence in a compact and easy-to-understand format. These assist in diagnosing problem questions and are invaluable exam aidsTest Your Understanding provides problem-solving questions that will help students consolidate their learning and develop key legal skillsCases To Remember provides summaries of important cases that students can use to model their own case summaries.
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.
Maimonides lived in Spain and Egypt in the twelfth century, and is perhaps the most widely studied figure in Jewish history. This book presents, for the first time, Maimonides' complete tort theory and how it compares with other tort theories both in the Jewish world and beyond. Drawing on sources old and new as well as religious and secular, Maimonides and Contemporary Tort Theory offers fresh interdisciplinary perspectives on important moral, consequentialist, economic, and religious issues that will be of interest to both religious and secular scholars. The authors mention several surprising points of similarity between certain elements of theories recently formulated by North American scholars and the Maimonidean theory. Alongside these similarities significant differences are also highlighted, some of them deriving from conceptual-jurisprudential differences and some from the difference between religious law and secular-liberal law.