Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in New Zealand. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person’s most fundamental rights on a worldwide scale. Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all closely considered. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers New Zealand. Academics and researchers will also welcome this very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort.
In the four years since publication of the second edition of this book there has been a multitude of new cases.
The 7th edition of The Law of Torts in New Zealand marks the passage of 25 years since the book was first published in 1991.
The focus of the text is on New Zealand tort law, however it uses many precedents from UK, Canadian and Australian case law to reflect the diverse sources of New Zealand tort law.
The Law of Torts in New Zealand
The new edition encompasses a number of significant developments in the law. Since mid-2005 when the fourth edition was published, there has been a stream of new decisions on torts, with major developments in various aspects of ne.
Torts in New Zealand: Cases and Materials is the principal torts casebook in New Zealand.
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.
86 S Sclafane, 'Danger Lurks in Construction Defect Market' (2004) 108(37) National Underwriter Property & Casualty ... 94 DT Allen, 'Construction Defects Litigation and the “Right to Cure” Revolution' CONBRIEF NO 2006-3, 1 (Mar 2006).
This book offers a rich insight into the law of torts and cognate fileds, and will be of broad interest to those working in legal and moral philosophy.
7 THE NEGLIGENCE STANDARD : POLITICAL NOT METAPHYSICAL I. Institutional actions, ordinary reasons My title echoes that of a famous article by John Rawls. But the main distinction that I will be drawing and exploring in this lecture is ...