Witcombe, Jane --- "Book Review of Butterworths 'Casebook Companion: Torts'" [1998] MurdochUeJlLaw 18; (1998) 5(3) Murdoch University Electronic Journal of Law

Book Review of Butterworths Casebook Companions, Torts by Danuta Mendelson

Author:	Jane Witcombe Murdoch University Law School Graduate
Issue:	Volume 5, Number 3 (September 1998)

1. Perhaps the most intimidating aspect for first year students embarking upon the study of Torts is the size (and sheer weight) of the casebook. From a students perspective, and with the benefit of hindsight, the most important thing to develop during first year is a set of coping skills for the hours (years?) of reading that lie ahead.


2. The issue with Torts, being case based law, is that the key elements of each tort are often obscured by the sheer number of cases, the complexity of the fact scenarios, the often adventurous arguments presented by counsel and the entertaining, but time-consuming, waffle of ancient judges as they amble towards the highly distilled principles that comprise the heart of the law of torts.


3. By providing a mechanism to develop coping skills for reading cases and by providing a lighted path through the tangled web of case law, Danuta Mendelson's Casebook Companion is a valuable study aid.


4. The dual objectives of helping students learn to read cases and highlighting the key elements of each tort are achieved in concise, easy-to-read chapters. The Introduction gives students an excellent description of how to analyse cases. The approach suggested by Mendelson is not only efficient but is followed through in the rest of the book.


5. Each chapter asks students to read a particular important case and then provides a set of questions. These questions are aimed at helping students distill the meaning and significance of the case. While many texts pose such questions, most of them fail to supply answers, which can often render the exercise futile. It is refreshing to see that Mendelson provides excellent nutshell summaries of the major points in the cases about which she has asked questions. This allows students to solidify their analysis before moving on to the next point.


6. Mendelson follows a chronological approach beginning with a discussion of the nature of torts and damages in Part One, intentional torts in Part Two, Negligence in Part Three and private nuisance and breach of statutory duty in Part Four. Each part is divided into a number of chapters that correspond reasonably well with the chapters in the Luntz & Hambly casebook[1] meaning that the book is even more helpful if this is your required Torts text.


7. Each chapter begins with a brief introduction that gives a fascinating history and rationale for the particular modern principle discussed in the chapter. It also provides a set of objectives to focus on. The use of sub-headings helps to delineate the issues involved in a particular principle. The principles are clearly and concisely explained with quotations from both judges and academics. Not only does this explain what the law is but offers an insight as to why it is so. The quotes from the major cases again help students to identify the ratios of the cases when they tackle the casebook. Mendelson identifies the major relevant cases and her summary of their facts and their decisions, along with the reading and review questions, prime students for more efficient reading of the primary materials in the casebook. The chapters manage to communicate both an approach to efficient study and a clear explanation of the major principles without unduly adding to the volume of reading (chapters are approximately 10 to 20 pages long).


8. Overall, Mendelson's book offers students a useful framework upon which to pin their more detailed readings that will ultimately assist in the preparation of review notes. Students should be aware though that, as the title suggests, Mendelson's book is a companion and not a substitute for the casebook. Reading this text alone will not get you through the exam (unless you are a genius).


9. Perhaps a secondary goal, for those law students who have not mastered the art of camouflage in the lecture theatre environment, is to be able to sound intelligent when the lecturer asks you a question. As such, perhaps the best way to use this book is by reading it and working through the questions before the relevant lecture. That way, you will be primed for the discussions that take place in class. After the lecture, combine what you have read in Mendelson with your lecture notes and then use the casebook to flesh out your understanding of the major principles. This way you won't be overwhelmed when you read the casebook and can skim over the less relevant information.


10. Priced at $38.00, this Companion will not break the bank and will provide a clearer understanding of the law of Torts.

Notes

[1] Luntz and Hambly Torts Cases and Commentary (4th ed). (1995) Butterworths: Sydney.