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AI Overview

The book "Balkin & Davis Law of Torts" is a comprehensive legal text written by Rosalie P. Balkin, J. L. R. Davis, and other contributors, including David Rolph, Jason Varuhas, Penelope Crossley, and Michael Douglas. Here is a detailed overview of the book:

Key Themes

  1. Comprehensive Coverage of Torts:

    • The book provides a thorough discussion and critical analysis of common law and statutory torts across all Australian jurisdictions.
    • It covers a wide range of torts, including intentional injury to person and property, negligence, nuisance, defamation, and economic torts.

  2. Intentional and Negligent Invasions:

    • The text examines intentional invasions of personal and property interests, such as trespass to persons and goods, and defences.
    • It also delves into negligent invasions, including elements of the negligence cause of action, defences, compensation in personal injuries actions, and alternative sources of compensation.

  3. Nuisance and Defamation:

    • The book includes a detailed discussion of nuisance, which covers cases where neither intention nor negligence is necessarily relevant.
    • It also provides a comprehensive analysis of defamation, including elements of defamation and defences.

  4. Economic Torts:

    • The text discusses economic torts that protect the intentional infringement of another’s trade or business, including statutory protection against unfair business practices.

Plot Summary

The book is structured to provide a clear and authoritative discussion of tort law. It begins with an introduction that contrasts torts with other areas of law, such as contract and crime, and outlines the aims of torts including deterrence, compensation, loss distribution, and economic analysis.

The book is divided into several parts, each focusing on different aspects of tort law:

  • Intentional Invasion of Personal and Property Interests: This section covers trespass to persons and goods, defences, and other related topics.
  • Negligent Invasions of Personal, Property, and Financial Interests: This part examines the elements of the negligence cause of action, defences, compensation in personal injuries actions, and alternative sources of compensation.
  • Invasion of Personal and Property Interests by Conduct not Necessarily Intentional or Negligent: This section discusses nuisance, animals, and violations of interests protected by statute.
  • Protection of Interests in Reputation: This part focuses on the elements of defamation and defences.
  • Protection of Trading or Business Interests: This section covers intentional and unjustifiable interference with trade or business, as well as statutory protection against unfair business practices.

Critical Reception

The book has been praised for its comprehensive coverage and authoritative analysis of tort law. It is considered a valuable resource for legal academics and students due to its detailed exposition and considered evaluation of the disparate body of law known as torts.

The sixth edition of the book has been extensively updated to cover new developments in case law and legislation, including significant changes in vicarious liability, defamation law reforms, new cases on duty of care and causation in negligence, and changes to social security and statutory compensation regimes.

Overall, "Balkin & Davis Law of Torts" is a seminal work in the field of tort law, providing a thorough and authoritative guide that is essential for understanding the complexities of tort law in Australian jurisdictions.