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Butterworths Tutorial Series - Torts

Butterworths Tutorial Series - Torts

Author: Martin Davies; Ian Malkin
Publisher: LexisNexis Australia
ISBN: 9780409322965
Published In: February 2008
Format: Paperback
Jurisdiction: Australia ? Disclaimer:
Countri(es) stated herein are used as reference only

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This work describes the law of torts in a way that can be readily understood by law students, and provides exercises in the technique of presenting legal arguments. It deals principally with the tort negligence, as well as breach of statutory duty, nuisance and international torts.

This edition has been completely revised to incorporate legislative changes during the recent tort law reforms as well as cases interpreting the legislation.

Review:
Butterworths Tutorial Series: Torts - 5th Edition
M Davies & I Malkin

This is one of the most refreshing texts I have examined in quite a while.

It is obviously meant for the law student, but as a civil litigation lawyer it certainly brought me back to basics and reminded me of some fundamental principles which can be easily overlooked in daily practice.

The state of the law of torts in the various Australian jurisdictions is examined in detail in this publication. Usefully, various recent superior court decisions are incorporated in the text, including: Cattanach v Melchior; Hadba; Vairy v Wyong Shire Council; Cole v South Tweed Heads RLFC.

Blame for the fluctuating state of the common law of torts is laid at the feet of the High Court, particularly in the area of duty of care. The authors do not ?dress up? this text in order to impress, which I think is what impresses me most.

Amy Burr
Canberra

Ethos, September 2008 Issue
ACT Law Society

· Introduction
· Standard of Care I
· Standard of Care II
· Causation and Proof I
· Causation II and Remoteness of Damage
· Duty of Care I - General
· Defences I - Contributory Negligence
· Defences II
· Assessment of Damages for Personal Injuries I
· Assessment of Damages for Personal Injuries II
· Duty of Care II - Negligent Misstatements Causing Purely Economics Loss
· Duty of Care III - Negligent Acts Causing Purely Economic Loss; Nervous Shock
· 'Affirmative Action' - The Duty to Act
· Breach of Statutory Duty
· Common Law Liability of Statutory Authorities
· Vicarious Liability and Non-Delegable Duties
· Private Nuisance I: The Nature of Nuisance
· Private Nuisance II: Public Nuisance
· Trespass to the Person
· Trespass to Land
· International Torts Relating to Goods
· Defences and Remedies in International Torts
· Revision

Davies, M

Martin Davies is Admiralty Law Institute Professor of Maritime Law at Tulane University Law School, Director at Tulane Maritime Law Center, and Professional Fellow at the University

Malkin, I

Ian Malkin BA, LLB (Manitoba), LLM (London) is a Professor at the Melbourne Law School, University of Melbourne. In 2007, Professor Malkin was appointed Melbourne Law School's first Director of its Office for Teaching and Learning in Law and was awarded a Carrick Citation for Outstanding Contributions to Student Learning.