The book "Law of Torts" by Rosalie P. Balkin and J. L. R. Davis provides a comprehensive and authoritative discussion of the law of torts in Australia and New Zealand. Here is a detailed overview of the book:

Key Themes

1. Common Law and Statutory Torts: The book covers both common law and statutory torts, offering a thorough analysis of the civil wrongs that protect intentional injury to person and property, negligence, nuisance, defamation, and economic torts.
2. Negligence: It delves into the tort of negligence, including personal and property damage, and the recovery of purely economic loss. The book also discusses new cases on duty of care and causation in negligence.
3. Nuisance: The chapter on nuisance includes a discussion of the application of the tort to new technologies, highlighting recent case developments.
4. Defamation: The book provides an in-depth analysis of defamation law, including elements of defamation and relevant defences.
5. Economic Torts: It covers the protection of trading or business interests, including intentional and unjustifiable interference with trade or business, and statutory protection against unfair business practices.

Plot Summary

The book is structured to provide a clear and comprehensive understanding of the law of torts. It begins with an introduction that contrasts torts with other areas of law like contract, restitution, and crime, and outlines the aims of torts including deterrence, compensation, loss distribution, and economic analysis. The subsequent chapters delve into specific areas of tort law:

• Intentional Invasion of Personal and Property Interests: This section covers trespass to persons and goods, defences, and intentional invasions of personal and property interests.
• Negligent Invasions: It examines the elements of the negligence cause of action, defences, compensation in personal injuries actions, alternative sources of compensation, and negligent infliction of purely economic loss.
• Conduct Not Necessarily Intentional or Negligent: This part discusses nuisance, animals, and violations of interests protected by statute.
• Protection of Interests in Reputation: The book provides a detailed analysis of defamation, including its elements and defences.
• Protection of Trading or Business Interests: It covers intentional and unjustifiable interference with trade or business, as well as statutory protection against unfair business practices.

Critical Reception

The book has received positive reviews from legal academics and practitioners. It is considered a scholarly and authoritative text that provides comprehensive coverage of all common law and statutory torts. The sixth edition has been extensively updated to reflect new developments in case law and legislation, making it a valuable resource for students and professionals alike.

In a book review, it was noted that the monograph contains a detailed exposition of the disparate body of law known as Torts and provides considered evaluation and comment on possible future directions. The book is praised for its structured approach and thorough analysis, making it a reliable resource for understanding the complexities of tort law.

Overall, "Law of Torts" by Rosalie P. Balkin and J. L. R. Davis is a seminal work in the field of Australian and New Zealand tort law, offering a comprehensive and authoritative discussion that is essential for both students and legal professionals.