The Annotated Civil Liability Act 2003 (Qld.)

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By: Richard John Douglas, Gerard Raymond Mullins, Simon Richard Grant

ISBN: 9780409321616

Provides a unique, practical guide to the interpretation and application of one of the most important pieces of legislation in Queensland's recent legal history. Concentrates on the development and application of each provision of the Act, as well as the subsequent changes to common law.

Format: BOOK
Publisher: Unknown
Pages: 141
Published: 2004
Language: en

AI Overview

"The Annotated Civil Liability Act 2003 (Qld)" by Richard John Douglas, Gerard Raymond Mullins, and Simon Richard Grant is a comprehensive guide to the interpretation and application of the Civil Liability Act 2003 in Queensland, Australia. Here is a detailed overview of the book:

Key Themes

  1. Interpretation and Application:

    • The book provides a unique and practical guide to understanding the Civil Liability Act 2003 (Qld), which is one of the most important pieces of legislation in Queensland regarding civil liability.
  2. Civil Liability for Harm:

    • The core of the book focuses on civil liability for harm, covering various aspects such as breach of duty, causation, assumption of risk, dangerous recreational activities, and the duty of professionals.
  3. Proportionate Liability:

    • It includes comprehensive treatment of proportionate liability provisions, which impact commercial and property damage claims arising from negligence and statutory misleading or deceptive conduct.
  4. Liability of Institutions for Child Abuse:

    • The book covers specific sections related to the liability of institutions for child abuse, including preliminary provisions, duties of institutions, liability of particular institutions and officeholders, satisfaction of liability, and miscellaneous provisions.
  5. Exclusion from Claiming Damages:

    • It discusses exclusions from claiming damages due to criminal behavior and intoxication.

Plot Summary

The book is structured into several parts, each addressing different aspects of civil liability under the Act:

  1. Legislative Framework - An Overview:

    • This section provides an introduction to the Act, its application, and interpretation.
  2. Civil Liability for Harm:

    • This part is divided into several divisions, including general standard of care, causation, assumption of risk, dangerous recreational activities, duty of professionals, contributory negligence, and enhancement of public safety.
  3. Proportionate Liability:

    • It includes detailed discussions on proportionate liability provisions and their implications in commercial and property damage claims.
  4. Liability of Public and Other Authorities and Volunteers:

    • This section covers the liability of public authorities and volunteers, including food donors and volunteers.
  5. Exclusion from Claiming Damages:

    • It addresses exclusions from claiming damages due to criminal behavior and intoxication.

Critical Reception

The book has received positive reviews for its comprehensive and practical approach to interpreting and applying the Civil Liability Act 2003 (Qld). Here are some key points from the critical reception:

  1. Comprehensive Treatment:

    • The book is praised for its extensive discussion of relevant principles, including common law background, and its inclusion of pointers to relevant cases.
  2. Practical Guide:

    • It is noted as a unique and practical guide that goes well beyond a brief description of the relevant sections, making it an essential reference for legal professionals and students.
  3. Updated Editions:

    • The third edition, published in 2012, includes significant updates, such as comprehensive treatment of proportionate liability provisions, which have been well-received by legal practitioners.

Overall, "The Annotated Civil Liability Act 2003 (Qld)" by Richard John Douglas, Gerard Raymond Mullins, and Simon Richard Grant is a highly regarded resource for understanding and navigating the complexities of civil liability in Queensland. Its comprehensive coverage and practical approach make it an essential tool for legal professionals and students alike.