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Focus: Torts - 7th Edition
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Focus: Torts - 7th Edition

Price: $101.00
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To be published Aug 2014 (LexisNexis) PRE-ORDER NOW!
ISBN: 9780409337396. Soft Cover.

Davies, M.; Malkin, I. 

This succinct yet authoritative text explains the principles of tort law in a readily accessible manner. Common law principles and statutory regimes in all Australian jurisdictions are discussed. New chapters included on defamation and the elements of negligence.

A succinct, authoritative and accessible introduction to Australian torts law


The seventh edition of Focus: Torts is designed to assist students to develop a greater understanding of torts by identifying and explaining the 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 among 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.


In addition to incorporating recent case law and legislative changes, this new edition has been significantly restructured and includes new chapters on Defamation and an Overview of Negligence.


Significant new cases explored in this new edition include:

  • Wallace v Kam (2013)
  • Strong v Woolworths Ltd (t/as Big W) (2012)
  • Amaca Pty Ltd v Booth (2011)
  • Barclay v Penberthy (2012)
  • Hunt & Hunt Lawyers v Mitchell Morgan Nominees Pty Ltd (2013)
  • Bunnings Group Ltd v CHEP Australia (2011)



  • Succinct and accessible discussion of the key principles of tort law
  • User-friendly design and strong pedagogic features
  • Comprehensive coverage of all Australian jurisdictions

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 the development of teaching and learning programs. He has been the recipient of several university and national teaching awards.


Table of Contents

1  Introduction

2  Overview of Negligence

3  Standard of Care / Breach of Duty

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

12  Assessment of Damages for Personal Injuries

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

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