This is the second edition of the principal New Zealand casebook on the law of torts. Although New Zealand tort law draws on the common law of other countries, the book contains many distinctive New Zealand cases. The book begins with intentional torts, such as assault and battery, false imprisonment, and the new torts developed under the Bill of Rights Act. Dramatic changes in Accident Compensation coverage mean less no fault compensation and more potential for common law tort remedies. There are also new remedies for New Zealand Bill of Rights violations. The core of the book remains negligence, with a focus on the gulf which has opened up between the British House of Lords and the New Zealand Court of Appeal. The book continues with materials on the very recent cases which threaten to fold the doctrine of stricter liability back into nuisance and negligence. This new edition also covers the Defamation Act of 1992, which replaces the defences of justification and fair comment with defences of truth and honest opinion respectively.
... Liu Chong Hing Bank Ltd [1986] AC80 at 193) doubted that 'there was anything to the advantage of the law's development in searching for a liability in tort where the parties are in a contractual relationship'.
This was established in Malone v Laskey (1907) and confirmed by the House of Lords in Hunter v Canary Wharf. Hunter v Canary Wharf [1996] 1 All ER 482 FACTS: A private nuisance action was brought against the developers of the Canary ...
Lord Pearson , Baker v Willoughby , at 496 I think a solution of the theoretical problem can be found in cases such as this by taking a comprehensive and unitary view of the damage caused by the original accident .
Rosenberg, 90 Md. App. 158, 600 A.2d 882 (1990), rev'd, 328 Md. 664, 616 A.2d 866 (1992) (see note 48, infra). See also Peroutka v. ... Sears, 163 Md. App. 220, 878 A.2d 628 (2005). 40 Compare former Md. Rule 342c 2(h) with Md. Rule ...
The book also incorporates comment on the implications of the Human Rights Act 1998 for the law of torts.
(Per Lord Upjohn in London Passenger Transport Board v Upson [1949] AC 155, 168.) Discuss the approach taken by the courts to determine when a tortious remedy will be permitted to redress a breach of a statutory duty when the statute ...
The authors designed this book on current education research.
Confirmed in Garner v Salford County Council [2013] where the claim failed for lack of evidence that the defendant's negligence exposed the claimant to more than minimal levels of asbestos. The opposite conclusion was reached, ...
Hardbound - New, hardbound print book.
Tort Law and Alternatives: Cases and Materials