By Carolyn Sappideen, Prue Vines, Penelope Watson
Torts: Commentary and Materials is one of the leading torts casebooks in Australia. The text provides expert commentary on carefully selected cases and materials from each core area of tort law. Considerable emphasis is placed on the choice of foundational cases as well as on the use of topical examples and questions.
The eleventh edition has been substantially rewritten and reworked to streamline and structure content to reflect the subject as taught in the majority of Australian universities, in particular to reflect the modern role of tort within legal structures, including constitutional torts and torts protecting human rights. Each chapter has been carefully revised to increase clarity. The introductory context chapter has been revised to further emphasise the theoretical basis of liability in torts and the Part covering intentional torts has been substantially revised and restructured to better reflect the status of particular torts and their relationship to other torts. It includes modern and illustrative examples and questions designed to fully engage and provoke critical analysis. The chapters on duty of care have been revised to better reflect the modern forms of argument used in various categories of negligence, making the work more accessible to students without sacrificing the complexity and detail of this important area of law.
Of particular note in this new edition:
• discussion of the Civil Liability Acts has been fully integrated and expertly woven into the text to provide valuable insight into the interplay between the legislation and common law principles;
• there is an increased emphasis on statutory interpretation, to aid understanding and application of the Civil Liability Acts;
• the damages chapter (in relation to causation and remoteness) has been insightfully updated and reviewed, and captures the approach adopted under the civil liability legislation with reference to the most recent authorities.
The authors of the new edition are highly regarded scholars of tort law in Australia. They bring to the text passion and wisdom from many years of learning and teaching Australian tort law. Torts: Commentary and Materials, 11th Edition, is the ideal work to provide students and professionals with a solid and broad understanding of this dynamic area of law.
PART I: INTRODUCTION
Chapter 1 Introduction
PART II: INTENTIONAL TORTS
Chapter 2: Introduction to Intentional Torts
Chapter 3: Intentional Interference with the Person
Chapter 4: Trespass to Land
Chapter 5: Interference with Chattels
Chapter 6: Defences to Intentional Torts
PART III: NEGLIGENCE
Chapter 7: Approaching the Duty of Care
Chapter 8: Duty of Care Categories
Chapter 9: Duty of Care: Special Parties
Chapter 10: Breach of Duty
Chapter 11: Damage: Causation and Remoteness
Chapter 12: Damages
Chapter 13: Concurrent Liability
Chapter 14: Defences to Torts of Negligence
PART IV: STRICT LIABILITY
Chapter 15: Statutory Duties
Chapter 16: Nuisance