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Balkin & Davis Law of Torts 6th ed


ISBN13: 9780409349061
Published: July 2021
Publisher: LexisNexis Australia
Country of Publication: Australia
Format: Hardback
Price: £194.00
Paperback edition , ISBN13 9780409349078



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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

Subjects:
Other Jurisdictions , Australia
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