Torts: Commentary and Materials 13th edition, is one of the leading torts casebooks in Australia.
This book 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.
Torts: Commentary and Materials includes contemporary and illustrative examples of torts law and contains questions designed to provoke critical analysis while fully engaging the reader.
The 13th edition has been substantially revised to streamline and structure its content to reflect how torts is taught in the majority of Australian universities, in particular the increased emphasis on statute in the modern law of torts. The aim of this book is to place torts within its social and legal structure; including consideration of the role of torts in the protection of rights in the absence of a Bill of Rights.
Of particular note in the 13th edition:
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An emphasis on the new common law created by the merging of case law and statute as the Civil Liability Acts become entrenched.
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The introductory context chapter has been further developed to make more accessible the theoretical basis of liability in torts.
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In relation to intentional torts, the new edition demonstrates the limitations of torts remedies to protect journalists’ sources in the Anneke Smethhurst decision. It also questions whether torts law should now reflect changes in the criminal law relating to consent and sexual assaults.
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The chapters on duty of care have been further updated to lead the student through this difficult and intricate area of negligence, making the work more accessible to students without sacrificing the detail of this important area of law.
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The new edition highlights the divergence between the common law and civil liability legislation particularly in relation to breach of duty issues. It refers to recent judicial decisions, particularly relating to defences to negligence, illegality, obvious risks, dangerous recreational activities, showing growing rigidity in the application of civil liability legislation to the detriment of injured plaintiffs.
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Since the last edition, and following the Royal commission on Institutional Child Abuse, there has been a flurry of legislative activity. Particularly interesting is the interplay between the common law principles of vicarious liability, non-delegable duties and the new legislation. Unlike the UK where the common law has responded to changes to the nature of work relationships by extending vicarious liability to those in relationships ‘akin to employment’, Australia has resorted to legislation to provide justice to the victims of institutional child abuse. This has been done largely by imposing non-delegable duties on Institutions who have care or custody of children. This legislation is examined in the new edition.
The authors of the new edition bring to the text passion and wisdom from many years of learning and teaching Australian torts law.
Torts: Commentary and Materials, 13th edition, is the ideal work to provide students and professionals with a solid and broad understanding of this dynamic area of law.
