The fifth edition of Australian Principles of Tort Law provides currency, depth of analysis and clear explanation of this challenging area of law. It explains common law doctrine and the operation of civil liability legislation across Australian jurisdictions. There is extensive discussion and analysis of the latest resources with particular focus on the scope and content of the growing body of case law on interpretation and application of Australian civil liability legislation.
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.
List of Chapters
Table of Cases
Table of Statutes
1. Introduction to the Law of Torts
2. The Nature of Intentional Torts
3. Intentional Torts to the Person
4. Actions on the Case for Intentionally Caused Mental or
5. Trespass to Land
6. Intentional Torts Relating to Goods
7. Defences to Intentional Torts
8. Introduction to Negligence
9. Breach of Duty
10. Scope of Liability: Causation
11. Scope of Liability: Remoteness of Damage
13. Defences to Negligence: Contributory Negligence,
Voluntary Assumption of Risk and Statutory Defences
14. The Framework of the Civil Liability Act 2002 (NSW)
15. The Defence of Illegality and Protection of Volunteers,
Good Samaritans and the Apologetic
16. Atypical Plaintiffs and Specific Duty Categories
17. Negligently Caused Pure Economic Loss
18. Liability of Statutory Authorities in Negligence
19. The Tort of Breach of Statutory Duty
20. Vicarious Liability and Non-delegable Duties
Addendum to Chapter 20
24. Contribution Among Tortfeasors
The VIBE of the law of Torts
The way in which the authors have systematised their analysis is cogent and logical. Most enjoyable was the initial chapter introducing the law of torts, its policy objectives, its limitations and its future directions. It is here that the reader is able to leverage off Stewart and Stuhmcke’s experiences in the academic teaching of the subject. The last chapter “The Vibe of the Law of Torts” is a bonus that contains some of the authors’ favourite judicial passages concerning the law of torts. It’s a fantastic read.
Leigh Howard, Law Institute Journal, Jan/Feb 2023 Read full review …
The 5th edition of Australian Principles of Tort Law would certainly be a valuable addition to a tort lawyer’s bookshelf, for reference when difficult or uncommon issues arise.
Bill Madden, Precedent, Mar/Apr 2022 – Issue 169 Read full review …
Bill Madden’s book review first appeared in Precedent, the journal of the Australian Lawyers Alliance (ALA), issue 170, June 2022 (Sydney, Australia, ISSN 1449-7719), pp 46–7. It has been reproduced with the kind permission of the author and the ALA. More about the ALA: www.lawyersalliance.com.au.
Reviews of previous editions:
The text carefully goes through the principles and cases on torts to the person, actions on the case for physical injuries and nervous shock, trespass to land, torts relating to goods, defences to intentional torts, negligence and duty of care, breach of duty, causation, remoteness of damage, defences to negligence, the NSW Civil Liability Act 2002, Personal Liability of criminals, Good Samaritans and apologists, atypical plaintiffs, pure economic loss, liability of statutory authorities, breach of statutory duty, vicarious liability and non-delegable duties, nuisance, remedies and contribution amongst tortfeasors.
Jane Grace, Principal Lawyer, Ethos, ACT Law Society, June 2009
This accessible work makes a fascinating and interesting area of law digestible and relevant. It provides essential reading and guidance on tort law and makes a valuable contribution to scholarship in the file. Its clear and comprehensive style makes it an accessible book for all those interested in tort law.
Law Society of South Australia, June 2009