Balkin & Davis Law of Torts, 6th edition, 6th edition

Clear, comprehensive and authoritative discussion of Australian tort law

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Book:Paperback
ISBN/ISSN: 9780409349078
Release Date: June 20, 2021
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Book:Hardback
ISBN/ISSN: 9780409349061
Release Date: June 20, 2021
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Product description

Law of Torts provides clear, comprehensive and authoritative discussion and critical analysis of common law and statutory torts across all Australian jurisdictions. The text covers the civil wrongs protecting intentional injury to person and property; the tort of negligence, with respect both to personal and property damage and for the recovery of purely economic loss; those torts, such as nuisance, in which neither intention nor negligence is necessarily relevant; defamation; and the economic torts which protect the intentional infringement of another’s trade or business.

The sixth edition has been extensively updated to cover new developments in case law and legislation, including: significant changes in vicarious liability, particularly institutional abuse and labour hire arrangements; defamation law reforms; new cases on duty of care and causation in negligence; important decisions on judging breach in professional negligence claims; and changes to social security and statutory compensation regimes. Chapters on general principles of trespass, wrongful interference with the person, and breach of duty have been substantially revised, and the chapter on nuisance now includes a discussion of application of the tort to new technologies. Recent cases discussed include:

Attwells v Jackson Lalic Lawyers Pty Ltd (2016)
Brookfield Multiplex Ltd v Owners Corp Strata Plan 61288 (2014)
Deal v Kodakkathanath (2016)
Hunter Health District v McKenna (2014)
Marsh v Baxter (2015)
Prince Alfred College Incorporated v ADC (2016)
State of New South Wales v Ouhammi (2019)
White v Johnston (2015)
Wallace v Kam (2013)

Features

• Authoritative and comprehensive analysis of tort law in Australia
• Clear, accessible style identifies and explains complex legal concepts
• Identifies tort law legislation and its interpretation across all Australian jurisdictions

Related Titles

• Clarke et al, Torts: Principles, Skills and Application, 2019
• Luntz et al, Torts: Cases and Commentary, 8th ed, 2017
• Paine, LexisNexis Questions and Answers: Torts, 5th ed, 2019

 

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Table of contents


  • Part I - Introduction

  • Ch 1 General Observations

  • Part II - Wrongful Interference with Basic Interests

  • Ch 2 General Principles of the Law of Trespass

  • Ch 3 Tresspass to the Person

  • Ch 4 Goods

  • Ch 5 Land

  • Ch 6 Defences

  • Part III - Negligent Invasions of Personal, Property and Financial Interests

  • Ch 7 Duty of Care

  • Ch 8 Breach of Duty

  • Ch 9 Causation and Remoteness of Damage

  • Ch 10 Defences to Negligence

  • Ch 11 Compensation in Personal Injury Actions

  • Ch 12 Alternative Sources of Compensation for Personal Injuries

  • Ch 13 The Negligent Infliction of Purely Economic Loss

  • Part IV - Invasion of Personal and Property Interests by Conduct not Necessarily Intentional or Negligent

  • Ch 14 Nuisance

  • Ch 15 Animals

  • Ch 16 Violation of Interests Protected by Statute

  • Part V - Protection of Interests in Reputation

  • Ch 17 Defamation: Introduction

  • Ch 18 Elements of Defamation

  • Ch 19 Defamation: Defences and Remedies

  • Part VI - Protection of Trading or Business Interests

  • Ch 20 The Economic Torts in General

  • Ch 21 Intentional and Unjustifiable Interference with Trade or Business

  • Ch 22 Statutory Protection Against Unfair Business Practices

  • Ch 23 Injurious Falsehood, Passing Off and Deceit

  • Part VII - Other Interests Meriting Protection

  • Ch 24 Family Relations

  • Ch 25 Misuse of Process

  • Part VIII - Remedies and Parties

  • Ch 26 Vicarious Liability

  • Ch 27 Remedies

  • Ch 28 Extinction of Remedies

  • Ch 29 Parties