Law Tort / Personal Injury

Focus: Torts, 8th Edition

Edited by Martin Davies · Ian Malkin
LexisNexis Australia December 2017

Specifications

ISBN-13
9780409344967
Publisher
LexisNexis Australia
Publication
December 2017
Format
Paperback
Jurisdiction
Australia ? Countri(es) for reference only

Details

Focus: Torts, 8th edition is designed to assist students to develop a greater understanding of torts by identifying and explaining key areas of study. Using a straightforward, structured approach and written in plain English, the authors help demystify even the most complex of legal concepts. 

The authors extensively cover both common law principles and Australian statutory regimes, providing a detailed account of similarities and differences across all Australian jurisdictions. The text has a particular emphasis on problem-solving, providing the reader with numerous opportunities to develop critical thinking skills and to practise answering legal problem questions. 

The new edition incorporates recent case law and legislative changes, and includes a large number of updated guided answers to problem questions. Important new cases explored in this new edition include:

  • Allen v Chadwick (2015)
  • Hunter & New England Local Health District v McKenna (2014)
  • King v Philcox (2015)
  • Marsh v Baxter (2015)
  • Prince Alfred College Inc v ADC (2016)
  • Robinson Helicopter Co Inc v McDermott (2016)
  • Powney v Kerang & District Health (2014)
  • T & X Co Pty Ltd v Chivas (2014)
  • Waller v James (2015)

Table of Contents

1 Introduction
2 Overview of Negligence
3 Standard of Care 
4 Causation: Factual Causation and Scope of Liability
5 Duty of Care: Basic Concepts
6 ‘Affirmative Action’: The Duty to Act
7 Liability of Public Authorities
8 Economic Loss
9 Mental Harm
10 Defence: Contributory Negligence
11 Other Defences and Special Protections
13 Breach of Statutory Duty
14 Loss Distribution Mechanisms: Vicarious Liability, Non-Delegable Duties, Contribution between Tortfeasors and Proportionate Liability
15 Nuisance
16 Trespass to the Person
17 Trespass to Land
18 Intentional Torts Relating to Goods
19 Defences to and Remedies for Intentional Torts
20 Defamation
21 Revision

About the Author

Martin Davies is the Admiralty Law Institute Professor of Maritime Law and Director of the Tulane Maritime Law Center, Tulane Law School, New Orleans and a Professorial Fellow at the University of Melbourne. He has been the recipient of several teaching awards.

Ian Malkin is a Professor at the Melbourne Law School, University of Melbourne. He has contributed significantly to teaching and learning programs at the Law School and, more generally, university-wide. He has been the recipient of several university awards and a national teaching citation.

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