Tort Law Principles Third Edition

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Tort Law Principles, Third Edition is the essential go-to first tort law reference for law students, business law students, teachers and practitioners in Australia. It covers everything from liability for battery, assault and false imprisonment, trespass to land and goods, and liability in negligence and negligent misstatement, to nuisance, defamation, vicarious liability, pure economic loss, mental harm, common law and statutory defences and remedies including damages, the user-fee principle and injunctive relief.

The third edition includes essential updates covering the latest developments:

• Liability for pure economic loss: Mallonland Pty Ltd v Advanta Seeds Pty Ltd [2024] HCA 25; Anchorage Capital Master Offshore Ltd v Sparkes (2023) 111 NSWLR 304.
• Liability arising from the COVID 19 pandemic: 5 Boroughs NY Pty Ltd v Victoria [2021] VSC 785.
• The treatment of digital assets in torts concerning goods.
• Essential vicarious liability updates: Bird v DP [2024] HCA 41; CCIG Investments Pty Ltd v Schokman [2023] HCA 21; CFMMEU v Personnel Contracting Pty Ltd (2022) 275 CLR 165.
• Critical developments concerning State and Territory Civil Liability Act legislation: Tapp v Australian Bushmen's Campdraft & Rodeo Association Ltd [2022] HCA 11; New South Wales v Ouhammi [2019] NSWCA 225.
• Reforms to State and Territory defamation law: Russell v Australian Broadcasting Corporation (No 3) (2023) 303 FCR 372; Murdoch v Private Media Pty Ltd [2022] FCA 1275; Peros v Nationwide News Pty Ltd (No 3) [2024] QSC 192; Selkirk v Wyatt (2024) 302 FCR 541 as well as reforms to absolute privilege and liability of digital intermediaries.
• New cases on nuisance: Transport for NSW v Hunt [2024] NSWCA 227; Fearn v Board of Trustees of the Tate Gallery [2024] AC 1; The Manchester Ship Canal Company Ltd v United Utilities Water Ltd No 2 [2024] UKSC 22.

This edition has been authored by leading law academics with extensive experience teaching tort law in Australia to both law and business students. Martin Allcock is Senior Lecturer at ECU’s School of Business and Law. Anna Bunn is Associate Professor and Dean of Teaching and Learning at the Curtin University’s Faculty of Business and Law. Mandy Shircore is Associate Professor, Faculty of Business, Law and Arts at Southern Cross University. Simon Allison is an Associate Lecturer at Curtin University.

Table of Contents

1            Context and Meaning of Tort

2            Compensation for Interferences with Interests

3            Introduction to Intentional Torts

4            Intentional Torts to the Person

5            Interferenace with  Goods

6            Trespass to Land

7            Defences to the Intentional Torts

8            Introduction to Negligence

9            Negligence: Duty of Care

10         Special Duty of Care Situations

11         Breach of Duty of Care

12         Causation and Remoteness of Damage in Negligence

13         Defences to Negligence

14         Apportionment of Liability

15         Breach of Statutory Duty

16         Nuisance

17         Defamation

18         Defences to Defamation

19         Remedies for a Tort

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