Review of Butterworths Tutorial
Series, Torts by Martin Davies
Author: |
Shane Bawden
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Issue: |
Volume 6, Number 4 (December 1999)
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As I look back, one of the difficulties of first year legal studies is the
extent to which students need to develop skills that
will see them
through the many years of study that lie ahead. From personal experience,
the amount of reading can be overwhelming,
and raises more questions than
it does answers, however, fortunately for students there is help available.
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The study of Torts is demanding as it introduces first year students to
case based law and offers a foray into the principles that
have developed
as part of tort law. This torts tutorial volume provides a guiding approach
to the development of the necessary
skills students need in reading and
analysing case law.
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The author, Martin Davies, provides easy to read chapters that enable students to see how a
particular tort has developed in Australia
and the law is applied in this country. An excellent introduction establishes
how how to read, analyse, and adopt a problem solving
approach in the area
of torts.
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Each chapter introduces how a particular tort has developed, followed by
cases that develop a further understanding of that area
of tort. At the
end of each chapter, is a problem that relates to that area of tort followed
by further tutorial discussion questions
to use as an independant learning
tool or as part of tutorial discussions.
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Davies' approach takes the student from 'Standard of Care' through to 'Defences
and Remedies in Intentional Torts'. Each chapter
is as Davies indicates
in the preface quite capable of standing alone. On a personal note the
stand alone ability of each chapter
was useful, as my course did not always
mirror the order in which Davies presented each chapter. The stand-alone
capability of
the chapters allowed for easy reference to a particular area
of tort without the need to thumb through different chapters to obtain
the necessary information.
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Overall, Davies' book is useful in enabling students to develop a basis
for understanding the concepts of the law of torts. This
volume should, be used
in conjunction with a more detailed Australian text such as the Luntz & Hambly
casebook[1]. Students would also be wise
to access CD-ROM and online databases to examine unreported cases in more
detail.
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Students will find towards exam time the problems at the end of each chapter
and the revision chapter at the end of Davies indispensable
as part of
their preparations towards exams.
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If you desire a clear explanation to the concepts of the law of Torts then
this book is for you..
Notes
[1] Luntz and Hambly
Torts Cases and Commentary (4th ed). (1995) Butterworths: Sydney.
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