Now in its fourth edition, Australian Principles of Tort Law continues to provide currency, depth of analysis and clear instruction as to how to approach this challenging area of law. This edition provides clear explanation about the operation of civil liability legislation across Australian jurisdictions. It incorporates the latest materials and includes observations as to the scope and content of the growing body of legal interpretation of the civil liability legislation across all jurisdictions, as courts throughout Australia interpret and apply the legislative provisions.Stewart and Stuhmcke succeed in clarifying a conceptually difficult area of law across all Australian jurisdictions. They discuss an excellent range of cases (geographical and hierarchical), explain the relevance and applicability of the civil liability legislation, and detail the impact and importance of the relationship between the legislation and the common law of tort.
... 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