The Statutory Foundations of Negligence

1. Auflage 2019
ISBN: 978-1-76002-195-5
Verlag: Federation Press

Buch, Englisch, 224 Seiten, Format (B × H): 159 mm x 235 mm, Gewicht: 499 g

This work explains how statutes underpin and inform the whole of the law of negligence. Although the civil liability legislation has highlighted the foundational role of statutes, in truth this has been the case for many decades. The book shows how throughout the entirety of the law of negligence – including duty, breach, causation, contributory negligence, statutory contribution, proportionate liability and damages – statutes have been responsible for the law as it is now understood and practised. In particular, the law of causation, of damages for mental harm and the immunity of highway authorities are shown to have been deeply informed by statute.
The book’s purpose is both educational and practical. While it will strengthen the reader’s conceptual understanding of the complex ways in which statutes and the common law interact to produce the law of negligence, the book is far from a work of abstract theory. On the contrary, its focus is on the very significant practical consequences that flow from the interaction.

Autoren/Hrsg.

Leeming, Mark

Fachgebiete

• Sozialwissenschaften Soziologie | Soziale Arbeit Spezielle Soziologie Kriminalsoziologie
• Rechtswissenschaften Strafrecht Kriminologie, Strafverfolgung
• Rechtswissenschaften Bürgerliches Recht Schuldrecht Haftpflichtrecht, Deliktsrecht, Produkthaftungsrecht

Inhaltsverzeichnis

1. Introduction 2. Duty of Care 3. Breach 4. Causation and contributory negligence 5. Roads authorities 6. Damages I – Multiple defendants 7. Damages II – Pure mental harm 8. Damages III – Personal injury

Über Autor(innen)

Justice Mark Leeming was appointed a Judge of Appeal of the Supreme Court of New South Wales in 2013, before which he had practised at the New South Wales Bar since 1995 and had been appointed Senior Counsel in 2006. He has taught at the University of Sydney part-time since 1995, where he is Challis Lecturer in Equity.