Connecting with Tort Law e-book

Get 20% off this eBook. Use code EBOOK20.

Julia Davis

Connecting with Tort Law e-book

Get 20% off this eBook. Use code EBOOK20.

Julia Davis

ISBN:

9780195518962

Binding:

Ebook

Published:

27 Apr 2012

Availability:

Available

Series:

$103.95 AUD

$119.99 NZD

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Description

The philosophy of Connecting with Tort Law is that everyone learns best by doing, but that we often need a guide that can show us by example. Connecting with Tort Law helps students to improve their analytical skills in tort law through practical application.

It is divided into two parts: Part 1 Preparing for Success covers an overview of tort law and its challenges. It sets students up for successful study in torts. It includes topics on legal argument, legal problem-solving and study strategies. Students will learn how to work effectively as a torts student, how to argue like a torts lawyer, how to analyse problem questions and torts cases, and how to identify issues and structure an answer to a torts problem. Part 2 The Torts provides succinct summaries of the main torts covered in undergraduate law courses, as well as defences. Throughout these chapters the skills focus is maintained, with a selection of problem-solving tips and exercises to help students apply what they have learnt and build on the skills introduced in Part 1.

Key Features

  • Pedagogy throughout helps students prepare for tort law assessment
  • ‘Tort look-up charts’ provide overviews of the tort and instruct students in a logical approach to tort law problems.

Contents

PART 1: PREPARING FOR SUCCESS
Developing Your Strategies for Success
How to Use Part 1

1. Introducing Tort Law and its Challenges
Introducing the Law of Torts
Exploring Tort Law’s Challenges

2. Understanding the Law of Torts
Justice and the Law of Torts
Tort Law and the Concept of Harm
The Structure and Functions of Tort Law
Tort Law in Context

3. Torts Techniques: Legal Argument and Practical Problem Solving
Using Rules, Principles and Policy
The Nature of Legal Argument
The Structure of Legal Argument
Answering Torts Problem Solving Questions

4. Study Strategies
Manage Your Time Effectively
Making a Summary of the Law
Case Reading Strategies
Essay Strategies
Oral Presentation Strategies
Exam Strategies

PART 2: THE TORTS
How to Use Part 2

5. Intentional Torts to the Person
Trespass to the Person: Battery 
Trespass to the Person: Assault 
Trespass to the Person: False Imprisonment 
Actions on the Case for the Intentional Infliction of Physical Injury, Nervous Shock or Severe Emotional Distress
The Invasion of Privacy

6. Intentional Torts to Land and Goods
Essential Concepts
Trespass to Land
Trespass to Goods
Conversion
Detinue

7. Defences to the Intentional Torts
Claims about Fault
Necessity
Consent
Self-defence, Defence of Others and Property
Provocation
Illegality (ex turpi causa)
Discipline
Self-help Remedies
Conclusion
Final Problem Solving Tips

8. Nuisance
Private Nuisance
Public Nuisance
Problem Solving Tips

9. Defamation
The Elements of Defamation
The Defences to Defamation
Remedies
Problem Solving Tips

10. Introduction to Negligence
The History and Challenge of Negligence
Critique of Negligence
The Steps in a Negligence Case

11. Elements of Negligence
Duty 
Breach
Causation

12. Defences to Negligence
The Nature of the Defences
Voluntary Acceptance of Risk (Common Law)
Obvious Risks (Statutes)
Illegality and Joint Illegal Enterprise (Common Law)
Criminal Conduct (Statute)
Contributory Negligence (Statute)
Conclusion
Problem Solving Tips

13. Special Topics in Negligence
The Methodology of Negligence
Omissions and Rescue
Public Authorities
Pure Psychiatric Injury (Nervous Shock)
Statements (Negligent Misrepresentation)
Pure Economic Loss
Medical Negligence
Conclusion: The End of Negligence

14. Vicarious Liability and Non-Delegable Duty
Vicarious Liability
Non-delegable Duty

15. Doing Justice: Principles of Damages
Corrective Justice and the Compensation Principle
Justice and the Finality Principle
Justice and the Certainty Principle
The Fault Principle Revisited: Mitigation of Loss
Conclusion: Doing Justice in an Imperfect World

Authors

Julia Davis – Associate Professor, School of Law, University of South Australia