The Statutory Foundations of Negligence

The Statutory Foundations of Negligence

By Mark Leeming


This work explains how statutes underpin and inform the whole of the law of negligence. Although the civil liability legislation has highlighted the foundational role of statutes, in truth this has been the case for many decades. The book shows how throughout the entirety of the law of negligence – including duty, breach, causation, contributory negligence, statutory contribution, proportionate liability and damages – statutes have been responsible for the law as it is now understood and practised. In particular, the law of causation, of damages for mental harm and the immunity of highway authorities are shown to have been deeply informed by statute.

Moreover, the contribution of statutes is demonstrated to be vital, complex and interesting.

The book’s purpose is both educational and practical. While it will strengthen the reader’s conceptual understanding of the complex ways in which statutes and the common law interact to produce the law of negligence, the book is far from a work of abstract theory. On the contrary, its focus is on the very significant practical consequences that flow from the interaction. As such, it will be of enormous assistance to any practitioner seeking to understand or practise in the area. The coverage is Australia-wide.


Published 21 January 2019
Publisher The Federation Press
ISBN 9781760021955
Australian RRP $145.00
International Price $135.00