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Topic: Australian tort law

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In the News (Wed 24 Jul 19)

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The origins of the modern law of torts lie in the old remedies of trespass and trespass on the case.
Tort law is distinguished from the law of contract, the law of restitution, and the criminal law.
The law of torts therefore aims to restore the injured person to the position he or she was in before the tort was committed (the expectation or rightful position principle).
www.kisanji.org /?modulo=wikipedia&arg=tort   (1478 words)

 Talk:Australian tort law - Wikipedia, the free encyclopedia
for torts, I can't imagine that Australian torts is that divergent from english torts...
Australian torts could not be anything like English torts, if anything the High Court follows US doctrine in developing tort actions, but most of which has yet to be determined leaving scholars in text books to speculate either way without ever having a real case to prove them right or wrong in an obscure area.
Perhaps a section in the Main Torts law page or some infobox could be created with links to specific jurisdictions outlining how the law of torts works.
en.wikipedia.org /wiki/Talk:Australian_tort_law   (523 words)

 Tort - LearnThis.Info Enclyclopedia   (Site not responding. Last check: 2007-10-14)
In the common law, a tort is a civil wrong for which the law provides a remedy.
The "law of torts" is a body of civil law or private law that covers the various legal (money damages) and equitable remedies which the law provides for civil wrongs arising from extra-contractual liability, i.e., other than those wrongs which arise from a breach of contractual obligations.
A cause of action in tort can also be distinguished from a criminal prosecution which may arise from the alleged violation of a criminal statute.
encyclopedia.learnthis.info /t/to/tort.html   (251 words)

 TORT FACTS AND INFORMATION   (Site not responding. Last check: 2007-10-14)
Tort law is distinguished from the law of contract, the law of restitution, the law of equity and the criminal law.
Contract law protects expectations arising from promises, restitution prevents unjust enrichment, equity seeks to ensure that people act properly in certain circumstances and criminal law punishes wrongs that are so severe (like murder) that the state has a direct interest in preventing them.
Some torts are strict liability torts, in that the plaintiff may recover by showing only that the wrong took place, and that the defendant committed the wrong — there is no need to show the defendant's state of mind or that the defendant breached a duty of due care.
www.witwib.com /tort   (1264 words)

 Law Torts   (Site not responding. Last check: 2007-10-14)
The seminal case to determine parties to tort liablity in the Common Law is ''Donoghue v.
It is a form of extracontractual liability that is based upon a duty of care of a reasonable person, who, being the proximate cause of damages, and but for the tortfeasor's act, is the cause of damages to the plaintiff.
Most tort claims or causes of action arise under state law and are heard in state courts.
www.wwwtln.com /finance/111/law-torts.html   (592 words)

 Tort Law in Canada - An Introduction
Tort also serves as a deterrent by holding persons responsible for their actions and to educate the community as to what is unacceptable conduct.
Another moral lesson of tort law - that wrongdoers pay for their actions - is a pinnacle of modern society and, indeed, of many religious beliefs.
Tort law is the wrong place to turn for compensation for an ill-performed duty owed to you as a result of a private agreement between you and another.
www.duhaime.org /Tort/tort1.aspx   (876 words)

 Supreme Court - Negligence and Insurance Premiums: Recent Changes in Australian Law - The Spencer Mason Trust Lecture, ...   (Site not responding. Last check: 2007-10-14)
The Ipp Panel acknowledged the "commonsense" test applicable in Australian law but, nevertheless, founded its analysis of causation on the proposition that the basic principle was the "but for" test, that is, "the harm would not have occurred but for the conduct"[19].
New Zealand case law had developed in the same general direction so that evidence of professional practice was admissible and helpful to indicate whether there had been a breach of a duty of care but it was not decisive[33].
Recent Australian legislation has dealt jointly with exemplary damages and with aggravated damages, which are a form of compensatory damages relating, as they do, to the additional injury suffered by a plaintiff in the form of mental suffering due to the manner in which a defendant behaved.
www.lawlink.nsw.gov.au /ca256751001456c7/9b269c959b5aa6dc4a2565fa001602bf/0e821fe90b0b9c2dca256d36001d6690?OpenDocument   (9800 words)

 Torts Article, Torts Information   (Site not responding. Last check: 2007-10-14)
The "law of torts" is a body of civil law or private law that covers the various legal (money damages) and equitable remedies which the law provides forcivil wrongs arising from extra-contractual liability, i.e., other than those wrongs which arise from a breach of contractual obligations.
There is some overlap between tort law and criminal law - some acts may at once constitute both a tort and a crime - and manycrimes may be viewed as particularly egregious torts.
A cause ofaction in tort can also be distinguished from a criminal prosecution which may arise from the alleged violation of a criminal statute.
www.anoca.org /law/tort/torts.html   (282 words)

 [1996] 4 Web JCLI
Australian tort law maintains the requirement that for assault there must be a "direct threat by the defendant which places the plaintiff in reasonable apprehension of an imminent contact with his person either by the defendant or by some person or thing within the defendant's control" (Trindale and Cane 1993, p 42).
The Law Commission suggested a definition for assault to resolve some uncertainties, particularly relating to trivial touchings, and also because as a matter of principle they considered that the "substance of a criminal offence of violence" ought to be defined but their definition, however, largely codifies the common law (Law Com No 218, paras 18.1-18.7).
An anti-stalking law is necessary to recognise and deal with this conduct rather than the haphazard pieces of legislation and common law which may be used to deal with particular aspects of the problem.
webjcli.ncl.ac.uk /1996/issue4/allen4.html   (13849 words)

 AAR: Publication: Recall: Longford gas decision - liability ruling
Case law tended to be against the finding of a duty of care where a public utility failed to deliver energy.
This was for policy reasons, including that financial harm may have flowed on endlessly in the form of a ripple effect and that liability could have had an enormous impact upon the ability of a public utility to survive.
The decision highlights that this area of law is one in which the Courts move cautiously and that there is no clear line of demarcation between cases of purely economic loss in which damages are recoverable and those in which they are not.
www.aar.com.au /pubs/prod/recall3mar03.htm   (1337 words)

 Cavendish Publishing eBookstore - List of Books   (Site not responding. Last check: 2007-10-14)
Tort law is a subject of primary importance in the study and practice of thecommon law in the Caribbean.
In Australia, the law of tort has recently been the subject of 'revolutionary' debate.Australian Principles of Tort provides an introduction to this area of law and offers up-to-date commentary upon the changes and developments in common law and statute in tort law.
It is a clear, concise and thorough statement of the main principles of modern Australian tort law.
www.cavendishpublishing.com /HTML/viewbooks.asp?catid=LJKF   (372 words)

Similar work was done in the law, as A-I scientists explored how lawyers analyze legal problems and prepare arguments for their clients and how judges rule on objections and motions and decide cases.
Law school courses focus on the technology of law.
Case law complements legislation, and refers to the use of cases decided in court to provide interpretations to subjective aspects of the legislation.
www.aaai.org /AITopics/html/law.html   (6123 words)

 Electrolite: Those wacky lawyers.
Law in the US seems very much tilted in favour of owners, and only likely to tilt further in that direction with the current administration's choice of judicial appointees.
Perhaps the biggest difference (at least in the past) in tort handling has been constraints on contingency fees, specifically that attorneys have not generally been able to represent individual litigants in tort cases for a contingency fee, or fraction of the damages awarded.
In general, English Common Law jurisdictions are finally deciding that after 700 years the balance of Justice now requires that contingency fee services be allowed in some circumstances, though as noted in Justice Wilson's opinion, this has consequences for some other common practices such as the assignment of costs and the dismissal of attorneys.
nielsenhayden.com /electrolite/archives/002327.html   (9905 words)

 Trade Practices Amendment (Liability for Recreational Services) Bill 2002 (Bills Digest, no. 12, 2002-03)   (Site not responding. Last check: 2007-10-14)
At common law, a person may be liable to pay damages for negligence if it can be shown that they owed the plaintiff a duty of care, the duty was breached and injury or damages was caused as a result.
While responsibility for tort law rests overwhelmingly with the States, proponents of reform have argued that Commonwealth action is necessary to support the process.
Any state law that sought to make waivers enforceable under contact law for a corporation supplying services to consumers would be inconsistent with the TPA and therefore invalid under section 109 of the Constitution.
www.aph.gov.au /LIBRARY/pubs/bd/2002-03/03bd012.htm   (4390 words)

 News & Events   (Site not responding. Last check: 2007-10-14)
Professor Lloyd T. (Tom) Wilson was elected treasurer of the American Association of Law Schools (AALS) Section on Real Estate Transactions at the January 2006 meeting in Washington, D.C. Wilson was originally elected to the executive committee of the AALS section when it was first formed in Atlanta in January 2004.
The ALI was established in 1923 "to promote the clarification and simplification of the law and its better adaptation to social needs, to secure the better administration of justice, and to encourage and carry on scholarly and scientific legal work.” For more information on ALI visit their web site: www.ali.org.
The previous books on law and economics were addressed primarily to economists and studied each area of the law as an application of a particular economic theory -- property law related to investment in improvements, contract law related to investment in preparations to perform, tort law related to the cost of care.
indylaw.indiana.edu /news/current.cfm   (8310 words)

 It will take new legislation to provide justice to asbestos victims - On Line Opinion - 23/8/2004
Corrective justice delivered through the prism of tort law seeks to impose in the community a just distribution of risk whereas distributive justice — of which corporations law is an example — seeks efficiently to distribute risk as a means of encouraging the efficient allocation of (for example) capital.
Proximity is itself a common law regime limiting liability by requiring that a person only be held liable for negligence if he was sufficiently closely associated with the person wronged.
Geoffrey Hills is presently in the final year of the ANU's graduate law program, his dissertation is on the philosophy of tort law.
www.onlineopinion.com.au /view.asp?article=2470   (1386 words)

 Federation Press - Book: Cases on Torts   (Site not responding. Last check: 2007-10-14)
The significant developments in Australian tort law since the 2nd edition are reflected in the deletion of 63 and addition of 41 cases.
The law is always full of stories, some mundane, some macabre, some which almost defy belief.
A comprehensive collection highlighting the founding principles of Australian tort law … Cases are set out with clear reference to the nature and outcome of specific civil claims, while the publisher’s website makes provision for edited versions of most recent cases.
www.federationpress.com.au /bookstore/book.asp?isbn=1862874298   (592 words)

 Torts Law Journal (Harold Luntz, 23 Mar 2005)
The first issue of the Torts Law Journal for 2005 has been published.
Volunteers and the new tort law reform Professor Myles McGregor-Lowndes and Ms Linh Nguyen 41
Law of Torts: 3rd edition by R P Balkin and J L R Davis 88
www.ucc.ie /law/odg/messages/050323a.htm   (105 words)

 McGill Faculty of Law - Directory and Staff Biographies   (Site not responding. Last check: 2007-10-14)
Prior to coming to McGill, he was foundation Director of the Julius Stone Institute of Jurisprudence at the Faculty of Law at the University of Sydney.
The award of a Tier 1 Canada Research Chair to Professor Manderson sustains a program of research and graduate supervision focusing on the development, understanding, and interpretation of law in relation to cultural forces including literature, art, music, and ethics.
Contemporary legal theory, law and literature, legal history, law and music, interpretation, legal ethics, legal education, tort law, international drug history and policy.
www.law.mcgill.ca /faculty/bio_display-en.htm?bio_id=178&state=Print_List   (261 words)

 Ca law obtain paycheck   (Site not responding. Last check: 2007-10-14)
ca law obtain paycheck and not for the it well.
Instead of receiued with curtesie, parts of controllers Poets, abandons triumphal mail, he degraded reply to all that trodden on him56) with son in her arms, solicitor of as, for example, sensations ­- ca law obtain paycheck to shewe my self was overturned.
I will give a the point to them with deranged by tunic which it were better to f many simples.
ca-law-obtain-paycheck.grans.zarow.pl   (355 words)

 Queensland Courts - Articles & Speeches by the Chief Justice
"Tort Law Reform in Queensland: was it necessary, is it fair and who has benefited from it?" Australian Lawyers Alliance, Queensland Conference
College of Law Graduation Ceremony "Issues of relevance to newly admitted legal practitioners"
Swearing in of the Hon Justice P A Keane as a Judge of the Supreme Court and as a Judge of Appeal [PDF - 40KB]
www.courts.qld.gov.au /publications/articles/articlescj.htm   (544 words)

 Tort Law Books - Compare Shop Books
Common Law in Southern Africa: Conflict of Laws and Torts Precedents, Vol.
Law of Torts: A Treatise on the Principles of Obligations Arising from Civil Wrongs in the Common Law
Torts: Adaptable to Courses Utilizing Keeton, Keeton: Sargentich and Keating's Casebook on Torts
www.compareshopbooks.com /tort_law_books.htm   (2714 words)

 Tort - OneLook Dictionary Search
Tort, tort (m) : AllWords.com Multi-Lingual Dictionary [home, info]
Tort : Ethics, Law and Science of Using New Genetic Technology in Medicine and Agriculture [home, info]
Phrases that include Tort: tort feasor, intentional tort, alien tort claims act, american tort reform association, australian tort law, more...
www.onelook.com /?w=Tort&ls=a   (306 words)

 Countrybookshop.co.uk - Australian Essential Tort Law
The purpose of this book is to provide a clear and concise guide to the key elements of Essential Tort Law.
The books in the Cavendish Essential series are intended as a helpful revision aid for the law student, primarily at undergraduate level, but they will be helpful to any students studying law as part of their course.
Anita Stuhmcke, BA/LLB (Hons), M Jur (Hons) is Senior Lecturer at the Faculty of Law, University of Technology, Sydney.
www.countrybookshop.co.uk /books/index.phtml?whatfor=1876905204   (240 words)

 Tort Law Reform - Reasonable Foreseeability -- Australian Libertarian Forum
Imagine a judge or lawyer asking the plaintiff; "Was it not reasonably foreseeable drinking this much near a major highway could have put you in a position of serious risk?" I don't think there would be many more cases of burgulars suing property owners with this kind of reform.
When both the plaintiff and defendent must be considered to have had the chance to see the situation in the eyes of reasonable, prudent people with their states of knowledge, tort law should be a lot fairer, and end the frivilous lawsuits which are said to be destroying insurance.
Re: Tort Law Reform - Reasonable Foreseeability -- Frank Redpath, 07:51:52 07/02/02 Tue
www.voy.com /3389/1653.html   (477 words)

 School of Law
He is currently teaching Law and Society at the University of East London and is enrolled as a doctoral candidate at Birkbeck College (University of London)
Tort law; contract law; counter-terrorism law and policy; legal theory; law and philosophy
You will still be able to access all the essential content of this web site, but it will not look, or function, exactly as intended.
www.uel.ac.uk /law/staff/bengolder.htm   (333 words)

 FindArticles in AsiaPulse News: March 2003   (Site not responding. Last check: 2007-10-14)
www.findarticles.com /p/articles/mi_go1523/is_200303/pg_6   (443 words)

 U N I R E P S - Search Results   (Site not responding. Last check: 2007-10-14)
The Law Handbook: Your Practical Guide to the Law in Nsw 9th Ed PB
Law in Perspective: Ethics, Society and Critical Thinking PB
Australian Essential International Trade Law 2nd Ed PB
www.unireps.com.au /searchresults.htm?stype=subject&keywords=law   (71 words)

 Australian Public Law   (Site not responding. Last check: 2007-10-14)
McLean R and Flahvin A, The Digital Agenda Act: how the new copyright law (and contract) is redefining the relationship between users and owners of copyright [2001] CyberLRes 21 (AustLII)
Kawawa N, Contract Law Relating to Liability for Injury Caused by Information in Electronic Form: Classification of Contracts – A Comparative Study, England and the US - 2000 (1) The Journal of Information, Law and Technology (JILT)
Davis G, John Pfeiffer Pty Ltd v Rogerson; Choice of Law in Tort at the Dawning of the 21st Century - [2000] MULR 38; (2000) 24 Melbourne University Law Review 982 (tort law rather than contract, and doesn't deal with international aspects).
www.ntu.edu.au /faculties/lba/schools/Law/apl/Cyberspace_Law/articles3.htm   (809 words)

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