The Annotated Civil Liability Act 2003 (Qld.)
By: Richard John Douglas, Gerard Raymond Mullins, Simon Richard Grant
About This Book
Comprehensive and useable text in a well defined annotated format for easy reference in practice, courtroom and classroom. The Annotated Civil Liability Act 2003 (QLD) provides a unique and practical guide to the interpretation and application of one of the most important pieces of legislation in Queensland's recent legal history. The Civil Liability Act 2003 has effected significant change to the disposition of civil liability for wrongs; in particular, in the commercial sphere arising from provisions addressing professional and proportionate liability. Enhanced liability protection has been afforded public authorities and recreational service providers, and personal injury damages have been curtailed. The history and development of the Act is given a detailed analytical treatment by reference to relevant case law. In the absence of case law, the preferred construction is identified and explained. The common law is contrasted with statutory law.
AI Overview
"The Annotated Civil Liability Act 2003 (Qld)" by Richard John Douglas, Gerard Raymond Mullins, and Simon Richard Grant is a well-renowned and practical guide to the interpretation and application of the Civil Liability Act 2003 in Queensland, Australia. Here is a comprehensive overview of the book:
Key Themes
Civil Liability for Harm:
- The book focuses on the core aspects of civil liability, including breach of duty, causation, assumption of risk, and dangerous recreational activities.
Interpretation and Application:
- It provides a detailed analysis of the legislative framework, including the preliminary sections, application of the Act, and interpretation of key terms.
Proportionate Liability:
- The book includes comprehensive treatment of proportionate liability provisions, which impact commercial and property damage claims arising from negligence and statutory misleading or deceptive conduct.
Liability of Institutions and Authorities:
- It covers specific sections on liability of institutions for child abuse, duties of institutions, and liability of particular institutions and officeholders.
Exclusion from Claiming Damages:
- The book discusses exclusion from claiming damages due to criminal behavior and intoxication.
Plot Summary
The book is structured into several parts, each addressing a specific aspect of civil liability in Queensland:
Legislative Framework - An Overview:
- This section provides an introduction to the Act, its application, and interpretation.
Civil Liability for Harm:
- This part is divided into several divisions, including general standard of care, causation, assumption of risk, and duty of professionals.
Proportionate Liability:
- It covers the liability of institutions for child abuse and other related provisions.
Liability of Public and Other Authorities and Volunteers:
- This section includes discussions on the liability of public authorities and food donors/volunteers.
Exclusion from Claiming Damages:
- It addresses exclusions due to criminal behavior and intoxication.
Critical Reception
The book has received positive reviews for its practical and comprehensive approach to interpreting and applying the Civil Liability Act 2003 (Qld). Here are some key points from the critical reception:
Comprehensive Coverage: The book is praised for its extensive coverage of civil liability principles, including common law background and relevant case discussions.
Practical Guide: It is noted as a unique and practical guide, making it essential for legal practitioners and scholars dealing with civil liability in Queensland.
Updated Editions: The third edition, published in 2012, includes significant updates, particularly on proportionate liability provisions, which have been well-received by the legal community.
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 legislation in Queensland.