The Statutory Foundations of Negligence

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.

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.

Justice Mark Leeming was appointed a Judge of Appeal of the Supreme Court of New South Wales in 2013, before which he had practised at the New South Wales Bar since 1995 and had been appointed Senior Counsel in 2006. He has taught at the University of Sydney part-time since 1995, where he is Challis Lecturer in Equity.