Preface Note on Abbreviations Table of Cases Table of Statutes1 Introduction Introduction Click "Introduction" to download this chapter free as a preview 1.1 The entangled interaction of statute law and judge-made law 1.2 An example: causation and contributory negligence 1.3 Four themes 1.4 A note on jurisdiction and application statutes 1.5 Further questions and references2 Duty of Care 2.1 The role of statute in the determination of duty of care 2.2 The artificiality of the duty requirement 2.

3 The historical role of statute 2.4 The role of statute following the demise of proximity 2.5 The contemporary role of statute 2.6 Duties of care owed by public authorities 2.7 The relationship between duty and the civil liability legislation 2.8 Conclusion 2.9 Further questions and references3 Breach 3.1 Introduction 3.

2 "General principles" relevant to breach 3.3 Special provisions for professional negligence 3.4 Lesser standard for public authorities 3.5 Conclusion 3.6 Further questions and references4 Causation and contributory negligence 4.1 Introduction 4.2 Causation before March v Stramare 4.3 Contributory negligence before statutory apportionment 4.

4 The last opportunity rule 4.5 Alford v Magee 4.6 Statutory apportionment in the United Kingdom 4.7 Statutory apportionment in Australia 4.8 March v Stramare (E & MH) Pty Ltd 4.9 Causation under the civil liability legislation 4.10 Statutory amendments to statutory apportionment 4.11 Conclusion 4.

12 Further questions and references5 Roads authorities 5.1 The qualified immunities of roads authorities 5.2 The non-feasance rule and the background to Brodie 5.3 The legal nature of a highway 5.4 Recognition of the statutory basis of the rule 5.5 The impact of more recent legislation on Brodie 5.6 Partial reinstatement of the non-feasance rule by the civil liability legislation 5.7 Three current questions arising out of the qualified immunity 5.

8 Conclusion 5.9 Further questions and references6 Damages I - Multiple defendants 6.1 Introduction 6.2 Multiple tort-feasors at common law 6.3 Statutory contribution 6.4 Vicarious liability 6.5 Proportionate liability 6.6 Conclusion 6.

7 Further questions and references7 Damages II - Pure mental harm 7.1 Introduction 7.2 Victorian Railways Commissioners v Coultas and its aftermath 7.3 Two legislative responses to claims for mental injury 7.4 Expansion of common law: Jaensch v Coffey and Tame v New South Wales 7.5 The 1944 statute as a fetter to curial development? 7.6 Civil liability legislation 7.7 Wicks v SRA and King v Philcox: the significance of textual and contextual differences 7.

8 Conclusion 7.9 Further questions and references8 Damages III - Personal injury 8.1 Overview of the categories of personal injury damages 8.2 General and special damages 8.3 Lost capacity to provide domestic services 8.4 Judicial legislation for interest and discount rates 8.5 Conclusion 8.6 Further questions and referencesEpilogueAppendix - Selected legislative provisions 1.

Civil Liability Act 2002 (NSW) - Part 1A Negligence 2. Civil Liability Act 2002 (NSW) - Part 3 Mental harm 3. Civil Liability Act 2002 (NSW) - Part 5 Liability of public and other authorities (extracts) 4. Miscellaneous legislative extracts Index.