Sharon Erbacher - Böcker

Contemporary Australian Tort Law Cases and Materials is a comprehensible textbook for students new to tort law. It scaffolds student learning by introducing the principles of tort law and demonstrating their application via case examples and key legislation. The book takes a contemporary approach to issues in Australian tort law, with a section on feminist critiques of law reform and insight into the Stolen Generations litigation. It harnesses principles of authentic assessment by offering review questions, critical thinking questions, discussion topics, comparison questions and practice problems. The annotation of the cases to highlight key principles further consolidates the book as a student-centric and learner-friendly resource. This unique approach will assist student comprehension of a range of torts and their defences, including negligence, trespass, nuisance, defamation, breach of statutory duty, and misfeasance in public office. The book also addresses vicarious and concurrent liability, remedies (including damages), and Australian statutory compensation schemes.

This book is the first casebook on restitution law to be published in Australia. It contains comprehensive extracts from the most significant Australian and English cases, together with some Canadian cases which indicate the possible direction which Australian law will take.The author has included substantial commentaries following the extracts, in order to further explain the decisions from overseas jurisdictions, to place those decisions in an Australian context.In the last decade, there has been a significant number of Australian decisions which deal with important concepts in restitution, and which supplement, qualify or refine the English law of restitution.The focus in this book on the Australian position makes it an invaluable resource for anyone who is studying or researching restitution law in Australia.

This book examines claims in negligence arising from illegal conduct of the claimant. An array of public policy and other grounds have been advanced for resolving these claims, resulting in an area that is characterised by confusing and contradictory case law. The book analyses the various explanations put forward as the basis for illegality doctrine within a framework of corrective justice theory. Illegality law poses particular challenges for the corrective justice explanation of negligence law, as many illegality tests are based on public policy considerations external to the relationship of the parties. The book argues that the only circumstance where illegality doctrine should be applied to deny a claim is where this is necessary to preserve the coherence of the legal system. It develops the work of Ernest Weinribian corrective justice theorists to explain how the principle of legal coherence fits within the framework of corrective justice theory, and why legal coherence is the only valid conceptual basis for a doctrine of illegality. It also contains a detailed study on the scope of the coherence rationale and the principles that will determine its application.

This book examines claims in negligence arising from illegal conduct of the claimant. An array of public policy and other grounds have been advanced for resolving these claims, resulting in an area that is characterised by confusing and contradictory case law. The book analyses the various explanations put forward as the basis for illegality doctrine within a framework of corrective justice theory. Illegality law poses particular challenges for the corrective justice explanation of negligence law, as many illegality tests are based on public policy considerations external to the relationship of the parties. The book argues that the only circumstance where illegality doctrine should be applied to deny a claim is where this is necessary to preserve the coherence of the legal system. It develops the work of Ernest Weinribian corrective justice theorists to explain how the principle of legal coherence fits within the framework of corrective justice theory, and why legal coherence is the only valid conceptual basis for a doctrine of illegality. It also contains a detailed study on the scope of the coherence rationale and the principles that will determine its application.