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Cases on Torts - Barbara McDonald


Published: 25th July 2012
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Completely revised, and updated to take into account significant developments in Australian tort law, the fifth edition of this established casebook illuminates the principles of contemporary tort law in its historical context. This casebook provides students with experience in reading and comprehending primary sources of law. To guide the student, each case extract is preceded by a note that summarises the essential principles for which the extracted case is authority or identifies the key issue which the case addresses. Nearly thirty new extracts have been included in this edition, comprising significant new cases and new comments, as well as some classic and foundational English and American torts cases with which every torts lawyer should be familiar. In addition, a number of chapters have been reorganised to reflect current trends and issues in the development of the law. The currency of the book will be maintained by the publication of edited versions of important new cases on the Federation Press website. The extracts will be accompanied by brief editorial comment and all may be freely downloaded.

In the words of the authors, this book, now in its fifth edition, “provides a collection of cases illuminating the principles of Australian tort law”. The primary audience of the book is the law student. The book achieves a number of the authors’ aims. ... The law student will find this book an excellent introduction to tort law, a useful supplement to their understanding and research of the area, and a helpful tool in preparing for examinations. Read full review... - David Kim, Barrister, InPrint LIJ, March 2013

Historical Background Trespass and Case Fault in Trespass

Interference with the Person Battery Assault False ImprisonmentIntentional Infliction of Psychiatric Injury

Interference with Land Trespass Private NuisanceA Tort of Invasion of Privacy?

Interference with Goods Trespass and Conversion Possession and Finding Owner's Reversionary Interest

Negligence: Duty of Care General Principles Policy-Based Exclusions Products and Premises Rescuers Psychiatric Injury Pre-Natal Injuries, Wrongful Birth and Wrongful Life Supervision and Control Public Authorities Pure Economic Loss

Negligence: Breach of Duty Standard of Care Proof of NegligenceRole of Judge and Jury

Causation and Remoteness of Damage Causation Loss of Chance or Opportunity New Act Intervening Remoteness

Death or Injury to a Third Party Fatal Accidents Loss of Services

Breach of Statutory Duty Legislative Intention Causation Kind of Damage

Public Nuisance Title to Sue Highway and Waterway Obstruction

Defences Consent Volenti Non Fit Injuria Contributory Negligence Plaintiff's Unlawful Conduct Necessity

Concurrent Liability Vicarious liability Agency Non-Delegable Duties Multiple Tortfeasors

Damages Compensatory Damages for Personal Injuries Fatal Accidents Compensatory Damages for Property Damage Damages for Interference with Goods Aggravated and Exemplary Damages

Tables of Cases/ Tables of Statutes

ISBN: 9781862878853
ISBN-10: 1862878854
Audience: Tertiary; University or College
Format: Paperback
Language: English
Number Of Pages: 512
Published: 25th July 2012
Publisher: Federation Press
Country of Publication: AU
Weight (kg): 0.85
Edition Number: 5
Edition Type: Revised