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Torts: Cases and Commentary

ISBN 9780409322057
Edition 6 Rev ed
Publication Date
Publisher Butterworths
Thoroughly revised and updated, this authoritative casebook adopts a critical and analytical approach to the law of torts. The extensive commentary is supplemented by a wealth of additional material including extracts from cases and legislation and comprehensive citation of academic writings. Challenging questions and detailed notes will help both students and practitioners to understand the significance of the cases and other materials. New to This Edition: - Discussion and analysis of the impact of recent tort law reform legislation. - New cases including the landmark decision of the High Court in Leichardt Municipal Council v Montgomery on the question of how to determine whether or not a "non-delegable duty of care" exists and Kuru v State of NSW. - Revised and enhanced discussion of women, tort law and feminist theory. - Increased attention to current and emerging issues in the use of trespass and related actions in the context of domestic violence, sexual abuse, harassment, medico-legal issues, the State and defining civil liberties and privacy. - Many additional references to academic literature. Important Features: - Numerous recent cases, new article references, and analysis of the impact of recent tort law reform legislation. - Fully revised with new material integrated and obsolete material removed ensuring manageable size. - Larger format to enhance ease of navigation. Review: A tort is a civil wrong. Right? Wrong - well, not entirely wrong, but not entirely right. If you want a full and detailed explanation of the concept of a tort, you could do no better than to turn to Chapter 1.4.13 of Luntz and Hambly's latest edition of their text, Torts: Cases and Commentary, where you will find that in SB v State of NSW (2004), Redlich J cited a caution by Cardozo CJ in a 1928 American case as to the 'shifting meanings' of words such as 'wrong', and that arguments based upon them 'share their instability'. You may be surprised, moreover, to learn, at 1.4.14, that certain conduct that is punishable criminally does not necessarily give rise to a civil action. Before turning to that chapter, however, it is worth reading the preface, in which the authors set out their credo, which includes encouraging a critical approach to the study of torts and providing readers with the material necessary to make their own assessment of the adequacy of the law in meeting the needs of a rapidly changing society. In that context, the preface also refers to the authors' recognition of the increasing role of legislation in tort law, and the problems that the new t - Table of Contents: 1.Introduction 2.Negligence: Duty of Care 3.Negligence: Breach of Duty 4.Causation 5.Damage and Remoteness 6.Defences to Torts Involving Negligence 7.Particular Negligence Situations 8.Damages 9.Wrongful Death 10.Breach of Statutory Duty 11.Intentional Interference with the Person 12.Intentional Interference with Land 13.Defences to Intentional Torts 14.Private Nuisance 15.Strict Liability 16.The Intentional and Negligent Infliction of Economic Loss 17.Vicarious Liability 18.Concurrent Liability

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