The Law of Liability Insurance, 4th Edition

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Publisher :
ISBN 13 : 9780409357035
Total Pages : 0 pages
Book Rating : 4.3/5 (57 download)

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Book Synopsis The Law of Liability Insurance, 4th Edition by : D Derrington & R S Ashton

Download or read book The Law of Liability Insurance, 4th Edition written by D Derrington & R S Ashton and published by . This book was released on 2022-09-14 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 4th edition generally follows the structure of earlier editions which has been found to be efficient. After a short history of the subject, it analyses the basic principles of insurance law insofar as it has been found relevant to this form of cover. This is followed by an intensive study of the principle of construction of commercial, particularly insurance, contracts, and of statutory interpretation. Next is a study of the doctrine of utmost good faith, generally but with particular reference to liability insurance, followed by a chapter relating to the proposal, with emphasis on the law relating to Fair Trading. The work then turns to the policy, first a policy of interim insurance, and then to the nature, scope and purpose of a liability insurance policy, with particular attention to detailed issues that generally arise in respect of this form of cover. It is followed by an analysis of conditions and exclusions, both generally and in respect of all the particular clauses usually found in such policies. The work then becomes more specific in its attention to the many particular sub-species of liability insurance, and their specialised terms and conditions. On this foundation, there is then an investigation of the effect of general principles of equity and the like, such as Election, Waiver, estoppel, res judicata and privity of contract. Finally, a chapter is devoted to substantive issues and those of practice and procedure which are abundantly found in litigation between the various parties who are engaged, directly or indirectly, in disputes related to this form of insurance. Topics include such matters as direct action by a claimant against an alleged wrongdoer's insurer, subrogation, and a claim between co-insurers of a common insured for contribution in respect of indemnity provided by one of them. Features The former structure has been somewhat revised for greater convenience to the reader, but the major change from the former edition lies in the updating of case law in respect of important refined detail where that has been the subject of further judicial attention, and the inclusion of commentary on it. This does not involve expansive theoretical discussion, but rather constitutes a focused exegesis with reference to the authority, and a short practical explanation of the more persuasive reasoning involved. Related Titles * Madden, McIlwraith & Madden, Australian Medical Liability, 4th edition * Pynt, Australian Insurance Law: A First Reference, 4th edition * Dal Pont, Law of Limitation, 2nd edition

The Law of Liability Insurance

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Publisher :
ISBN 13 : 9780409334098
Total Pages : 0 pages
Book Rating : 4.3/5 (34 download)

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Book Synopsis The Law of Liability Insurance by : Desmond Keith Derrington

Download or read book The Law of Liability Insurance written by Desmond Keith Derrington and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of Liability Insurance addresses a specialist niche of law with comprehensive coverage of common law and statute. Liability insurance provides indemnity against loss to the insured flowing from their liability to another. Types of liability insurance discussed in this two volume work include: motor vehicle, product liability, directors' and officers', employers' liability, professional indemnity, householders' liability, home contents, occupiers' liability, aviation.The Law of Liability Insurance is the decisive title covering the fundamental areas of insurance liability. This new edition has been substantially revised and updated. The area of insurance has changed significantly since the publication of the second edition in 2005. The authors' renowned expertise have woven these developments throughout the new edition and offer insightful analysis and vital references.The purpose of The Law of Liability Insurance is to provide for practitioners and insurers a practical discussion of matters where controversy arises, and to provide the authorities upon which the discussion is based. This review was first published in the Law Institute Journal Victoria 88.01, April 2014 This review was published in LawNews - February 28, 2014 Features; Comprehensive two volume; High level practitioner work; Detailed reference to authorities on subjects discussed, with commentary on their relevance and validity.; References to articles by learned authors on specific issues.; Extensive Index to contents

Principles of Insurance Law

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ISBN 13 : 9781422472613
Total Pages : 1392 pages
Book Rating : 4.4/5 (726 download)

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Book Synopsis Principles of Insurance Law by : Jeffrew Stemple

Download or read book Principles of Insurance Law written by Jeffrew Stemple and published by . This book was released on 2012 with total page 1392 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past two decades, there have been a number of important developments in the areas of liability, property, and life and health insurance that have significantly changed insurance law. Accordingly, the Fourth Edition of Principles of Insurance Law has been substantially rewritten, reformatted, and refocused in order to offer the insurance law student and practitioner a broad perspective of both traditional insurance law concepts and cutting-edge legal issues affecting contemporary insurance law theory and practice. This edition not only expands the scope of topical coverage, but also segments the law of insurance in a manner more amenable to study, as well as facilitating the recombination and reordering of the chapters as desired by individual instructors. The Fourth Edition of Principles of Insurance Law includes new and expanded treatment of important insurance law developments, including: The critical role of insurance binders as temporary forms of insurance as illustrated in the World Trade Center property insurance disputes resulting from the terrorist attacks of September 11, 2001; The continuing debate between "legal formalists" and "legal functionalists" for "the heart and soul" of insurance contract law; What constitutes a policyholder's "reasonable expectation" regarding coverage; The current property and liability insurance "crisis"; Risk management and self-insurance issues; Emerging, and frequently conflicting, case law concerning the intersection of insurance law and federal anti-discrimination regulation; Ongoing interpretive battles over the preemptive scope of ERISA; The United States Supreme Court ruling that a California statute attempting to leverage European insurers into honoring commitments to Holocaust era policies is preempted by the Executive's power over foreign affairs; The State Farm v. Campbell decision, which struck down a $145 million punitive damages award in an insurance bad faith claim as well as setting more restrictive parameters for the recovery of punitive damages; New issues over the dividing line between "tangible" property typically covered under a property insurance policy and "intangible" property, which is typically excluded -- an issue of increasing importance in the digital and cyber age; Refinement of liability insurance law regarding trigger of coverage, duty to defend, reimbursement of defense costs, and apportionment of insurer and policyholder responsibility for liability payments; The difficult-to-harmonize decisions concerning when a loss arises out of the "use" of an automobile; Insurer bad faith and the availability, if any, of actions against a policyholder for "reverse bad faith"; and The degree to which excess insurance and reinsurance may be subject to modified approaches to insurance policy construction. The Teacher's Manual highlights the differences between the Third Edition and the Fourth Edition. In addition, it includes case-brief summaries of the major cases excerpted in the book; authors' analyses of the notes, questions, and problems that follow the principal cases; and offers alternative syllabuses for planning purposes. This book also is available in a three-hole punched, alternative loose-leaf version printed on 8.5 x 11 inch paper with wider margins and with the same pagination as the hardbound book.

Directors' Liability and Indemnification

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Publisher : Globe Law and Business Limited
ISBN 13 : 9781905783342
Total Pages : 0 pages
Book Rating : 4.7/5 (833 download)

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Book Synopsis Directors' Liability and Indemnification by : Edward Smerdon

Download or read book Directors' Liability and Indemnification written by Edward Smerdon and published by Globe Law and Business Limited. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Directors' liabilities have been a key concern in boardrooms since the various high-profile corporate failures in Europe and the United States over the past two decades, when regulation increased and shareholders' and companies' rights to bring civil claims were extended. The current financial crisis will inevitably bring with it greater risks and challenges for directors. There is an increasingly aggressive environment for civil claims, fuelled by insolvencies, shareholders' pressure and public outcry. The attention of the regulators is also ever more sharply focussed on directors' conduct. directors are understandably looking closely at the protection available to them, through both indemnification and directors' and officers' insurance. The exposures faced by directors and the extent to which indemnification and insurance may provide protection vary significantly around the world. This comprehensive second edition features contributions by leading experts on the important aspects of directors' liability, the protection available to directors and the risks of doing business in multiple jurisdictions. New to the second edition are chapters on China, the Czech Republic, Kazakhstan, Saudi Arabia, Slovakia, South Korea and the United Arab Emirates. In addition to civil claims and indemnification, each chapter now includes commentary on regulatory and criminal liability. Particular focus is placed on the impact of the credit crisis. There is also a new section dealing with regulatory issues surrounding global directors' and officers' programmes and their ability to provide cover in all intended jurisdictions. Unique in its approach, this forthcoming second edition is a powerful tool in assisting directors, officers, in-house counsel and the private practice laywers advising them to make well-informed judgements about the risks they are taking.

Lawyers' Professional Liability

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Publisher :
ISBN 13 : 9780433502791
Total Pages : 351 pages
Book Rating : 4.5/5 (27 download)

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Book Synopsis Lawyers' Professional Liability by : John Adair

Download or read book Lawyers' Professional Liability written by John Adair and published by . This book was released on 2020 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt:

McGee: The Modern Law of Insurance

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Publisher : Butterworths
ISBN 13 : 9781474310352
Total Pages : 812 pages
Book Rating : 4.3/5 (13 download)

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Book Synopsis McGee: The Modern Law of Insurance by : Andrew McGee

Download or read book McGee: The Modern Law of Insurance written by Andrew McGee and published by Butterworths. This book was released on 2018-12-07 with total page 812 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fourth edition of this popular textbook provides a comprehensive and authoritative treatment of insurance law and offers a practical approach to the subject. It covers a wide range of topics from particular policies and the protection of third parties, to claims and the consequences of settlement. Fully updated in light of new cases and recent regulatory regulation changes in insurance law.Since the last edition there have been very significant changes to the Law of insurance and these are covered in detail including: * The Consumer Insurance (Disclosure and Representations Act) 2012* The insurance Act 2015* Versloot, which ended the "collateral lies" rule* A number of cases on the scope of compulsory motor insurance* Insurers' liability in mesothelioma cases, which has been considered by the Supreme Court along with the interpretation of contractual terms more generallyIn addition to these statutory changes there are significant case law developments in many other areas which are also covered in depth.

P&I Clubs: Law and Practice

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Publisher : Taylor & Francis
ISBN 13 : 1135117829
Total Pages : 762 pages
Book Rating : 4.1/5 (351 download)

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Book Synopsis P&I Clubs: Law and Practice by : David Semark

Download or read book P&I Clubs: Law and Practice written by David Semark and published by Taylor & Francis. This book was released on 2013-05-02 with total page 762 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fourth edition is a detailed but easy-to-follow account of the constitution, workings and daily practice of protection and indemnity clubs. Designed to be a practical reference source for anyone who is in any way involved with mutual insurance, it offers comprehensive guidance on the complex area of P&I Clubs. The new fourth edition has been fully revised and updated since the last edition was written in 1999. New areas emphasised in the fourth edition include: • Piracy • Charterers’ liability insurance • Defence Cover • Disputes concerning the Inter-Club Agreement • Enforceability of arbitration agreements in the Club’s Rules. • The Club’s obligation to (i) make direct payments under certificates, (ii) pay death/ personal injury claims in the event of a member’s insolvency, and (iii) make indivisible personal injury claims.

Insurance Disputes

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Publisher : Taylor & Francis
ISBN 13 : 1000341399
Total Pages : 884 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis Insurance Disputes by : Robert Merkin

Download or read book Insurance Disputes written by Robert Merkin and published by Taylor & Francis. This book was released on 2020-11-26 with total page 884 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by an impressive team of specialist contributors, Insurance Dispute is the authoritative guide to litigation for both the insurer and the insured. Divided into two parts – principles of law and their practical use in individual types of insurance, it aims to identify and resolve questions such as: • How should the claimant handle a dispute? • Is the claim within the cover? • When should an insurer dispute cover? • What steps can an insurer take to deny cover? Updated and revised to include new chapters on marine insurance, the Financial Ombudsman Service and ATE insurance, Insurance Disputes is essential reading for anyone involved in insurance law and litigation.

Aviation Insurance

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Publisher : Lexis Nexis UK
ISBN 13 : 9781405744607
Total Pages : 1024 pages
Book Rating : 4.7/5 (446 download)

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Book Synopsis Aviation Insurance by : Rod D. Margo

Download or read book Aviation Insurance written by Rod D. Margo and published by Lexis Nexis UK. This book was released on 2014 with total page 1024 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fourth edition of this highly regarded work examines all forms of aviation insurance, and includes a detailed analysis of its practical applications and of the workings of the international aviation insurance market.Fully updated to include all new developments in the area of aviation insurance practice and law since the previous edition, this essential work includes:* Detailed coverage of the impact of the September 11, 2001 terrorism acts on the writing of war and terrorism insurance* The establishment of the Aviation Insurance Clauses Group as a replacement for the Joint Technical and Clauses Committee* Discussion of new policy forms, clauses and endorsements adopted by the insurance market since 2000, including such endorsements as AVN67c and AVN99 covering the interests of aircraft financiers and lessors* Changes in the structure and regulation of Lloyd's, developments in law governing insurance companies and underwriters at Lloyd's, and in the interpretation of aviation policies* Developments in European Union law which impact on the London MarketThe only text of its kind that describes in complete detail the structure and workings of the London aviation insurance market, the writing of aviation insurance, the kinds of coverage which are available, including hovercraft and spacecraft insurance, and the legal principles involved in the interpretation of aviation insurance policies, this readily accessible text will be of significant value toall with a business or legal interest in this subject.

The Law of Liability Insurance

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Publisher : Taylor & Francis
ISBN 13 : 1315456354
Total Pages : 287 pages
Book Rating : 4.3/5 (154 download)

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Book Synopsis The Law of Liability Insurance by : Malcolm A. Clarke

Download or read book The Law of Liability Insurance written by Malcolm A. Clarke and published by Taylor & Francis. This book was released on 2017-07-20 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now it its second edition, this book is an authoritative and comprehensive review on all aspects of the law that relate to liability insurance contracts. It aims to cover the all the major types of liability insurance, not just professional indemnity insurance, and presents the issues according to the general principles of contract law. Updated to include the impact of the Insurance Act 2015, the book takes a comparative view of the law, tailored to those professionals operating in a global economy, as well as academics and post-graduate students.

General Liability Insurance Coverage

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Publisher : OUP USA
ISBN 13 : 9780199846559
Total Pages : 0 pages
Book Rating : 4.8/5 (465 download)

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Book Synopsis General Liability Insurance Coverage by : Randy J. Maniloff

Download or read book General Liability Insurance Coverage written by Randy J. Maniloff and published by OUP USA. This book was released on 2012-03-22 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Insurance coverage disputes raise issues in which laws and outcomes regularly vary from state to state. Whether a claim is covered can depend a great deal on whether the case arises on one side of the street or another. It is imperative that insurance claims professionals, lawyers, brokers, risk managers, risk consultants, regulators and judges have adequate access to comparative state-law research. This book is designed to give the stakeholders in the claims process ready access to the law of all 50 states on the most important liability insurance issues to quickly learn and assess state law relevant to coverage disputes. The Second Edition includes nearly 800 new cases covering all 50 states and the District of Columbia, and adds a new chapter addressing Coverage for Pre-Tender Defense Costs.

Litigating the Aviation Case

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Publisher : American Bar Association
ISBN 13 : 9781634255806
Total Pages : 0 pages
Book Rating : 4.2/5 (558 download)

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Book Synopsis Litigating the Aviation Case by : Andrew J. Harakas

Download or read book Litigating the Aviation Case written by Andrew J. Harakas and published by American Bar Association. This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aviation law is a constantly evolving area of practice, continuing to change in response to the many challenges facing the industry. Litigating these cases is notoriously complex and challenging, requiring extensive expertise with aviation and engineering principles coupled with detailed legal analysis. A long-trusted resource, this updated edition of Litigating the Aviation Case provides current information and strategic guidance on all aspects of aviation litigation. An overview and analysis of the current legal issues in aviation litigation by the most prominent names in the aviation legal community, this revised edition offers important updates and insights on traditional issues as well as in-depth discussion of current and evolving topics, many of which are in response to the multijurisdictional nature of aviation. The book's 38 chapters address critical issues in aviation litigation, including: - Jurisdiction- Forum non conveniens- Preemption- The Montreal Convention- Unruly passengers- Preservation of evidence- Insurance coverage- Damages- The impact of trade sanctions and Medicare on litigation, and moreWritten by practicing litigators who share their insights and expertise, this compendium offers strategic guidance on the full array of aviation litigation issues, including: - Locating recognized sub-specialists- Maximizing the effectiveness of evidence- Presenting effective opening and closing statements- Cross-examining witnesses- Developing winning trial strategies

Insurance Law and Regulation, Cases and Materials

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Publisher : Foundation Press
ISBN 13 : 9781683289517
Total Pages : 858 pages
Book Rating : 4.2/5 (895 download)

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Book Synopsis Insurance Law and Regulation, Cases and Materials by : Kenneth S. Abraham

Download or read book Insurance Law and Regulation, Cases and Materials written by Kenneth S. Abraham and published by Foundation Press. This book was released on 2020-06-15 with total page 858 pages. Available in PDF, EPUB and Kindle. Book excerpt: This casebook, which has been used as the principal text in more than one hundred law schools, contains extensive material on insurance contract formation and interpretation; insurance regulation; insurable interest and liability for bad-faith breach; property, health, life, and disability insurance; commercial general liability and directors & officers liability insurance; auto insurance; and reinsurance. The casebook gives equal emphasis to personal and commercial insurance, and reprints within the relevant chapters four standard-form insurance policies. The Seventh Edition includes a new stand-alone chapter on health insurance as well as new materials addressing the American Law Institute's Restatement of the Law of Liability Insurance and long-term care insurance. It also includes substantially updated materials on a range of issues, including liability insurers' duty to settle, concurrent causation, and the number of "occurrences." The new edition also includes some updated standard-form insurance policies and declaration pages.

Insurance Law Handbook

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Publisher : Bloomsbury Professional
ISBN 13 : 9781847660930
Total Pages : 384 pages
Book Rating : 4.6/5 (69 download)

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Book Synopsis Insurance Law Handbook by : Barlow Lyde & Gilbert

Download or read book Insurance Law Handbook written by Barlow Lyde & Gilbert and published by Bloomsbury Professional. This book was released on 2008 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a general, practical, and accessible guide to all aspects of UK insurance law. Completely revised and restructured, the fourth edition includes additional legal analysis and specialist risk subjects in such areas as the environment, war, professional indemnity, and marine issues. Written by a well-respected team of experts, this book is aimed at the non-lawyer insurance professional, as well as lawyers starting to specialize in insurance law.

Australian Insurance Law: A First Reference

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Publisher :
ISBN 13 : 9780409345490
Total Pages : pages
Book Rating : 4.3/5 (454 download)

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Book Synopsis Australian Insurance Law: A First Reference by : Gregory Pynt

Download or read book Australian Insurance Law: A First Reference written by Gregory Pynt and published by . This book was released on 2013 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Insurance Law and Policy

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Publisher : Aspen Publishers
ISBN 13 : 9781454825074
Total Pages : 0 pages
Book Rating : 4.8/5 (25 download)

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Book Synopsis Insurance Law and Policy by : Tom Baker

Download or read book Insurance Law and Policy written by Tom Baker and published by Aspen Publishers. This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tom Baker, a highly regarded teacher and scholar on the faculty of both Penn Law and Wharton demonstrates the big picture in insurance law and policy, exploring federal-state regulatory roles in depth as well as the traditional topics covered in the casebooks. Insurance Law and Policy: Cases and Materials uses more statutory material than any other casebook, with statutes typically presented through problems. Manageable assignments contain one major case followed by informative notes, questions and a problem. Here is a text that appeals to Insurance teachers as well as teachers of Torts and Contracts considering a new course. The Third Edition welcomes new co-author Kyle Logue, who, along with Tom Baker, is a Reporter for the new ALI Principles of Liability Insurance Project. A new and improved ERISA unit incorporates recent Supreme Court decisions. Relevant new material from the Affordable Care Act informs the discussion of health insurance. The Third Edition makes extensive use of the ALI Principles of Liability Insurance Project, with black letter rules presented through problems. Judicious pruning of notes, problems, and cases to allows room for recent developments in case law and insurance regulation. Features: stellar authorship in Tom Baker highly regarded teacher and scholar on the faculty of both Penn Law and Wharton focus on the big picture--federal-state regulatory roles and traditional insurance topics more statutory materials than other casebooks, typically presented through problems structured to contain one major case followed by informative notes, questions and a problem appeals to Insurance teachers as well as teachers of Torts and Contracts considering a new course introductory essay for new Insurance Law teachers case briefs and suggestions for how to teach cases descriptions of the commercial backgrounds of selected cases simple diagrams that explain complex issues Thoroughly updated, the revised Third Edition presents: new co-author Kyle Logue, Reporter for the new ALI Principles of Liability Insurance Project a new and improved ERISA unit, incorporating recent Supreme Court decisions relevant materials from the Affordable Care Act in the health insurance material extensive use of the ALI Principles of Liability Insurance Project, with black letter rules presented through problems judicious editing of notes, problems, and cases to spotlight recent developments in case law and insurance regulation

Australian Torts Law

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Publisher : Butterworth-Heinemann
ISBN 13 : 9780409330151
Total Pages : 681 pages
Book Rating : 4.3/5 (31 download)

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Book Synopsis Australian Torts Law by : Amanda Stickley

Download or read book Australian Torts Law written by Amanda Stickley and published by Butterworth-Heinemann. This book was released on 2013 with total page 681 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text offers accessible but comprehensive coverage of all aspects of torts law likely to be encountered in a student course, including nuisance, defamation and the economic torts. The chapters on negligence focus on the civil liability legislation enacted throughout Australia, particularly in respect of the standard of care and breach of duty, causation and scope of liability defences and assessment of damages for personal injury and include discussion of case law under this legislative regime.