The book provides the most comprehensive, penetrating and intellec- tually challenging exposition of the law pertaining to liability for tor- tious conduct in Australia. The book is divided into two distinctive parts. The first part adopts the classic outline of general works on torts.. e. The system of tort law in Australia is broadly similar to that in other common law countries. However, some divergences in approach have occurred as its independent legal system has developed. Some of these differences include Australia-specific nuances involving: (1) what torts are recognised, (2) the steps to establish liability, and (3.
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1.2.3 Tort law and the law of restitution 10 1.2.4 Tort law and the law of trusts 10 1.2.5 Tort law and property law 11 1.3 Standards of liability in tort law 11 1.4 Sources of Australian tort law 13 1.5 Tort law at the beginning of the twenty-fi rst century 16 1.6 ort T theory 20 1.6.1 onomic Ec analysis 21. Australian tort law was based largely on common law principles. Each state and territory has its own civil liability legislation (although the legislation in the Northern Territory is very limited and the common law largely prevails). 1 Accordingly, cases interpreting the wording of the legislation
