Overview

In its second edition this text continues to question whether foundational principles and policies of torts law, reflect the social and moral values of modern Australian society. Living up to its name as The New Law of Torts, this book has been up-dated with the latest legislative and judicial development as well as the recent major cases, reflecting the changing nature of tort law. This is an essential and accessible text as it provides a clear and succinct discussion of the interface between the statutory regime in each jurisdiction and the common law. It comprehensively covers the law as it is applicable to the whole of Australia. The book has clearly delineated parts, sections and topics for each genus of torts (trespass, action on the case, statutory wrongs, etc), and each species (battery, assault, negligence, nuisance). Headings and sub-headings provide useful breaks in the text, and selected cases are used not only as authorities, but also as illustrations of principle and judicial reasoning.

Full Product Details

Author:   Danuta Mendelson
Publisher:   Oxford University Press Australia
Imprint:   OUP Australia and New Zealand
Edition:   2nd Revised edition
Dimensions:   Width: 17.30cm , Height: 6.40cm , Length: 24.50cm
Weight:   2.190kg
ISBN:  

9780195572384

ISBN 10:   0195572386
Pages:   850
Publication Date:   29 November 2010
Audience:   College/higher education ,  Tertiary & Higher Education
Format:   Paperback
Publisher's Status:   Active
Availability:   In Print  
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Table of Contents

TABLE OF CASES ; TABLE OF STATUTES ; PREFACE ; PART I INTRODUCTION ; 1. Introduction to the Law of Torts and Historical Overview ; 2. Damages ; 3. Survival Actions and Wrongful Death; Statutory Compensation Schemes ; PART II INTENTIONAL TORTS ; 4. Trespass to the Person (Battery and Negligent Trespass; Assault and False Imprisonment) ; 5. Trespass to Land ; 6. Miscellaneous Intentional Torts of Action on the Case for Personal Injury ; 7. Deceit and Injurious Falsehood ; 8. Torts of Intentional Interference with Goods/Personal Property ; 9. Defences to Intentional Torts ; PART III THE TORT OF NEGLIGENCE ; 10. Negligence: Duty of Care ; 11. Breach of Duty of Care ; 12. Causation and Proof of Breach ; 13. Remoteness of Damage ; PART IV PARTICULAR CATEGORIES OF CASE ; 14. Pure Nonfeasance (Pure Omissions) ; 15. Mental Harm: Liability for Negligently Occasioned Pure Psychiatric Injury ; 16. Pure Economic Loss ; PART V DEFENCES TO NEGLIGENCE ; 17. Defences to Negligence ; PART VI STRICT-LIABILITY TORTS ; 18. Public and Private Nuisance ; 19. Breach of Statutory Duty ; 20. Vicarious Liability and Non-delegable Duty of Care: Types of Liability ; PART VII DEFAMATION ; 21. Establishing Defamation ; 22. Defences and Remedies in Defamation Law ; INDEX

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Author Information

Danuta Mendelson is the Chair in Law (Research) and a Professor in the School of Law at Deakin University. She currently teaches Torts and Health Law, and her research interests include Torts, Constitutional Law, Medical Law, Legal History and Comparative Law.

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