Paperback(6th ed.)
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Overview
Zealand tort law, however it uses many precedents from UK, Canadian and Australian case law to reflect the diverse sources of New Zealand tort law.
Product Details
| ISBN-13: | 9780190327224 |
|---|---|
| Publisher: | Oxford University Press |
| Publication date: | 04/08/2021 |
| Edition description: | 6th ed. |
| Pages: | 784 |
| Product dimensions: | 9.60(w) x 6.70(h) x 1.50(d) |
About the Author
Bill Atkin has taught a wide range of subjects at undergraduate and postgraduate levels over many years, including torts, family law, and medical law. He has written extensively, especially in the area of family law, and in the last few years published (with Wendy Parker) the second edition of Relationship Property in New Zealand and (with Mark Henaghan) the 4th edition of Family Law Policy in New Zealand. He is an author of Todd's The Law of Torts in New Zealand (6th ed) and with Geoff McLay, Torts in New Zealand Cases and Materials (5th ed). He is General Editor of the International Survey of Family Law, published annually. He has been consulted on a number of occasions by the New Zealand Government. Bill chaired the Ministerial Adoption Practices Review Committee, was a member of the Working Group on Matrimonial Property and Family Protection, and a member of the Ministerial Committee on Assisted Reproductive Technologies.
Geoff McLay has taught at the Faculty of Law since 1995. He served a Law Commissioner between 2010 and 2015 and he currently served as the chair of the Legislation Design Advisory Committee's external subcommittee until 2019. He is also the editor of the New Zealand Law Reports. In 2006 he was the New Zealand Law Foundation International Research Fellow. Geoff has a BA and LLB (Hons) (First Class) from Victoria University of Wellington. In 2006 he was a visiting Professor at the University of Iowa College of Law teaching torts and advanced torts and product liability. He has also taught advanced torts at the University of Western Ontario (Winter 2002). At Victoria University of Wellington Geoff has taught a wide range of undergraduate and graduate courses including torts, advanced torts, intellectual property, competition (antitrust) law, comparative constitutional law, and ethics. He has published a wide range of articles in these areas.
Table of Contents
Preface vii
Table of Cases ix
Table of Statutes xix
Chapter 1 Introduction 1
The aims of the law of torts 1
AM Linden and others Canadian Tort Law (11th ed, LexisNexis Canada, Toronto, 2018) 2
Introduction: the functions of tort law 2
Tort and Climate Change: A Future role for tort law 12
Chapter 2 Torts to the Person 20
Introduction 20
Relationship with Crimes Act 1961 21
Part 1 Intentional torts to the person 21
Battery 22
Assault 36
False imprisonment 44
Part 2 Defences 60
Self-defence and defence of others 60
Defence of property 65
Necessity 68
Part 3 Intentional infliction of emotional harm (also known as Wilkinson v Downton) 74
Chapter 3 Personal Property Torts 86
Introduction 86
Case extracts 87
Chapter 4 Land-Based Torts 106
Part 1 Trespass to land 106
Introduction 106
Trespass as constitutional guarantee 107
Trespass to air space 109
Direct versus indirect 114
Exclusion rather than intrusion 117
Intention 122
Implied and express licences 123
Ex turpi causa non oritur actio 128
Trespass and remoteness 132
Part 2 Private nuisance 134
Introduction 134
Interference with enjoyment of property 135
Who can sue, and whether emanation is needed 144
Malice 156
Nuisances not 'caused' by the defendant 161
Useful activities, remedies and coming to the nuisance 165
Injunctions and Lord Cairns' Act 1858 174
Part 3 The rule in Rylands v Fletcher 184
The 'elements of the tort' 184
The narrowing of the Rylands tort 191
Part 4 Public nuisance 203
Chapter 5 Negligence 216
Introduction 216
Part 1 Basic negligence 217
Duty of care 221
General approaches 221
Modern formulations 238
Nervous shock 252
Breach of the duty of care 283
The reasonable person standard 284
The learner driver and reasonableness standard 295
The 'reasonable' professional 298
Res ipsa loquitur 306
The damage requirement 310
Cause-in-fact 310
Remoteness 337
Contributory negligence 347
Contribution 355
Part 2 Advanced negligence 361
Third party intervention 361
Economic loss 394
Negligent misstatement 394
'Pure' economic loss and the government inspection cases 437
Part 3 Limits of negligence 487
Negligence and the private law/public law boundary 487
Tort and contract-Which rules? 518
Chapter 6 Vicarious Liability 538
Background 538
History 539
Policy 539
Issues 539
Case extracts 540
Non-delegable duties 560
Chapter 7 Accident Compensation 566
Introduction 566
Policy development 568
Further perspectives on accident compensation 572
Cover 587
Personal injury 587
Accident 594
Personal injury caused by work-related gradual process, disease or infection 601
Work-related mental injury 604
Accident compensation and the right to sue at common law 628
Exemplary damages 629
Exemplary damages and negligence 631
Potential claims for compensatory damages 641
Compensatory damages for pure mental injury 664
Chapter 8 Defamation 671
Introduction 671
Part V Defamation-the plaintiff's case 673
Defamatory meaning 673
True or legal innuendo 679
Intention 685
Identification of the plaintiff 687
Publication to third party 695
Part 2 Defamation-the defendant's case 698
Truth 699
Honest opinion 704
Statutory provisions 704
Parliamentary privilege 712
Qualified privilege 716
Rebuttal of qualified privilege 721
Developments in British Commonwealth countries 726
The Lange saga 728
Public interest defence 730
Statutory privilege 735
Chapter 9 Privacy 746
Background 746
American origins 746
English approach to privacy 746
The tort of privacy in New Zealand 748
The Privacy Act 1993 and the Harmful Digital Communications Act 2015 749
The relationship of privacy to defamation 749
Invasion of privacy: Publicity given to private facts 750
Intrusion upon seclusion 770
Damages 772
Select Bibliography 776
Index 778