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Australian Tort Law in the 21st Century

Australian Tort Law in the 21st Century

Author: David Rolph; John Eldridge; Timothy; Pilkington
Publisher: The Federation Press
ISBN: 9781760024871
Published In: February 2024
Format: Hardback
Jurisdiction: Australia ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 1,396.50

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Recent decades have seen the Australian law of torts undergo a significant transformation. The statutory regimes enacted in the wake of the Ipp Report have given rise to a considerable volume of case law. At the same time, the changing economic and social landscape has thrown up fresh challenges for the law to deal with. This volume – which is a companion to the well-received Australian Contract Law in the 21st Century – brings sustained attention to a number of subjects in this sphere which merit examination.

The volume contains essays from leading commentators on the law of torts, and will be essential reading for academics, students, judges, and all practitioners involved in litigation or providing advice with respect to tort liability.

Table of Cases

Table of Statutes

Introduction – John Eldridge, Timothy Pilkington & David Rolph

1. Colonial Innovation in the Australian Law of Torts – Mark Leeming

2. Intention in Tort: where it comes from and where it’s going – Matthew Dyson

3. New Torts – James Goudkamp

4. Government Liability and the Will of Parliament – Ellen Rock

5. Factual Causation: the sensible decline of common sense and the mystery of the ‘exceptional case’ – Gemma Turton

6. Scope of Liability and Remoteness of Damage: a final limit on responsibility for negligence in Australia – Barbara McDonald

7. ‘A Risk by Any Other Name’: rejecting volenti in Australian tort law – Jodi Gardner

8. Vicarious Liability: antiaris toxicaria in Australia – Warren Swain

9. Torts and Employment: reflections on changing ideas of responsibility and the adaptability of torts law – Carolyn Sappideen

10. Negligence, Morality and Apologies: assessing responsibility in the real world – Prue Vines

11. Repairing the Compensatory Principle in Negligence: ‘loss of amenity’ and the justifiable scope of damages liability – Stephen Puttick and David Winterton

12. Injurious Falsehood: a tort resurgent – David Rolph