- Home
- ACADEMIC
- Law
- Contract, Tort and Restitution Law
- Tort Law Defences
This product is usually dispatched within 10 business days
- Delivery and returns info
-
Flat rate of $10.00 for shipping anywhere in Australia
You must sign in to add this item to your wishlist. Please sign in or create an account
Description
The law of torts recognises many defences to liability. While some of these defences have been explored in detail, scant attention has been given to the theoretical foundations of defences generally. In particular, no serious attempt has been made to explain how defences relate to each other or to the torts to which they pertain. The goal of this book is to reduce the size of this substantial gap in our understanding of tort law. The principal way in which it attempts to do so is by developing a taxonomy of defences. The book shows that much can be learned about a given defence from the way in which it is classified.
This new paperback edition contains a substantial preface in which the author responds to critics.
Reviews
'James Goudkamp's book can rightly claim to be the first serious attempt to examine tort law defences systematically and it is a very important addition to the private law canon … [His] analysis is consistently thought-provoking … [T]his book will provide the framework for future analysis of all private law defences'.
Graham Virgo, The Cambridge Law Journal
'This book … is the first sustained attempt in the modern law to explore the theoretical foundations of the defences to liability recognised by the law of tort and their interrelationship ... [It is] an instant classic'.
Ken Oliphant and Annette Morris, Yearbook of European Tort Law
'James Goudkamp's Tort Law Defences fills a startling gap in tort law scholarship… [It] provides an impressive foundation for the future study of defences, and will undoubtedly become the standard against which all other works are measured'. Erika Chamberlain, Canadian Business Law Journal
Product details
Published | 30 Jun 2017 |
---|---|
Format | Paperback |
Edition | 1st |
Extent | 288 |
ISBN | 9781509905027 |
Imprint | Hart Publishing |
Dimensions | 234 x 156 mm |
Series | Hart Studies in Private Law |
Publisher | Bloomsbury Publishing |
About the contributors
Reviews
-
...a welcome contribution. With its careful analysis and clear prose, the book warrants our serious attention.
Graeme Austin, New Zealand Law Journal
-
...this book is a gem. It is beautifully clear in its exposition, and thorough in its examination of the area which has long needed such a look. Academic tort lawyers will love it and practitioners will find it extremely useful in clarifying their approach to arguing defences. It is worth having in your library.
Prue Vines, Australian Civil Liability
-
... a highly original and insightful analysis into the law of defences to torts as a whole [that] is certainly worthwhile reading.
James Plunkett, Australian Law Journal
-
... an excellent, thought-provoking and rigorously analytical book, which is clearly written and meticulously researched.
Paul Mitchell, Sydney Law Review
-
...Goudkamp's book is the first scholarly study of tort law defences as a whole, and as such is a major addition to the scholarship of tort law. The range of the author's scholarship is impressive, not only in its scale, in that it has extended over the whole field of the law of torts, but also jurisdictionally, and in the use he makes of criminal law scholarship about defences – which may be a first for torts scholars. There are passages which are heavy on theory ... which are particularly telling in showing the author's mastery of such areas. The work as a whole has carved out a new area in tort law research and is a most impressive contribution to the scholarly literature on this subject.
Peter Handford, Torts Law Journal
-
... Tort Law Defences ... is ... a pioneering work. It challenges us to think harder about doctrines which are extremely important, both on a theoretical and a practical level.
Eric Descheemaeker, The Modern Law Review

ONLINE RESOURCES
Bloomsbury Collections
This book is available on Bloomsbury Collections where your library has access.