This chapter begins with the foundations and the history of international humanitarian law before discussing the scope of its application and the law governing the conduct of hostilities, namely the means and methods of warfare. The final sections discuss the law governing the protection of persons during armed conflict and the implementation and enforcement of international humanitarian law. In introducing international humanitarian law, this chapter focuses on the four Geneva Conventions of 1949 and the Additional Protocols of 1977.

This chapter introduces jus ad bellum: the rules of law determining when states may resort to war or, more broadly, the use of armed force. In order to put the current jus ad bellum rules into perspective, the chapter begins by introducing the concept of collective security and demonstrating how this was applied during the League of Nations era. The following sections set out the relevant rules of the UN Charter on the prevention and regulation of recourse to the use of force, with a particular focus on the prohibition on the threat or use of force. The chapter also discusses the collective use of force, meaning the use of force authorized by the Security Council, and the unilateral use of force in self-defence. Finally, the chapter examines whether new exceptions to the prohibition of the use of force are emerging, in particular humanitarian interventions and the responsibility to protect.

This chapter considers two torts that impose civil liability arising out of the failure to exercise, or the wrongful exercise, of statutory duties and powers. The first is the tort of breach of statutory duty. A breach of statutory duty will not ordinarily give rise to a private law cause of action. However, a private law cause of action will arise if, on the proper construction of the statute, it can be shown that the statutory duty was imposed for the protection of a limited and specific class of persons and the legislature intended members of that class to have a private right of action to obtain a remedy for the breach of the statute. The gravamen of the second tort, misfeasance in public office, is the dishonest misuse of public power by a public officer. This tort provides a remedy where a public officer has misused their public powers or duties by acting intentionally so as to harm the plaintiff or by knowingly or recklessly exceeding their powers where they knew about, or were reckless as to the likelihood of, harm to the plaintiff.The chapter is not concerned with liability in negligence for the performance or non-performance of a statutory power or duty.

This chapter introduces you to tort law. One aim is to equip you with an overview of fundamental torts that will form an integral first step in your learning journey of tort law. In this chapter, we explain important theoretical frameworks that underpin tort law, such as corrective justice, economic efficiency theory, distributive justice and feminist critiques. We also explore the important connection between torts and human rights, along with tort law and the Stolen Generations litigation. Next, the chapter addresses important practical considerations such as litigating a tort claim. Finally, it outlines some key reforms in tort law that impact the law as it operates in modern society, along with statutory schemes that can supplement fault-based tort claims.

At their broadest, remedies are simply the different ways in which tortious disputes are resolved. Normally, the courts provide remedies upon an ultimate finding that the defendant actually breached a duty they owed the plaintiff – that is, upon the plaintiff successfully establishing the elements of their cause of action and the defendant failing to establish a relevant defence.This chapter begins by differentiating between self-help and court-ordered tort remedies. It then divides court-ordered remedies into two categories: first, specific relief, as exemplified by the remedy of injunction; and second, substitutionary relief, as exemplified by the remedy of monetary damages. This chapter mainly examines the remedy of ‘compensatory damages’. It focuses, in particular, on its role in remedying (or ‘putting right’) two types of harm that breaches of tortious duties often cause plaintiffs to suffer: property damage and personal injury. The final part of the chapter addresses remedies in cases involving multiple tortfeasors.

Defamation is a ubiquitous tort in modern society. Defamation protects a person’s reputation, rather than their bodily integrity, goods or land. With the rapid expansion of social media, it is frighteningly easy for false and disparaging comments to spread online like wildfire. This chapter introduces the tort of defamation and its purpose in society. Defamation has undergone substantial reform over the years, thus key amendments are explained, along with emerging issues. The chapter outlines and explains the elements of defamation and explores cases that clarify how courts interpret and apply defamation principles. Next, defences and remedies are explained, followed by the increasing focus on defamation and social media. The chapter concludes with a brief discussion of privacy and breach of confidentiality, on which plaintiffs can rely when defamation does not assist.

In order to hold someone liable for the tort of negligence, it is not enough for the plaintiff to establish that, first, the defendant owed them a duty of care and, second, the defendant breached that duty by failing to meet the requisite standard of care. A further requirement for the imposition of negligent liability is that the plaintiff suffered legally recognised damage as a result of the defendant’s breach of their duty. This is the third necessary requirement of a successful claim in negligence. Once it is proved, the plaintiff’s cause of action is complete. It therefore comprises the third and final stage of a negligence inquiry.This chapter focuses on this requirement. It breaks it down into three distinct questions: (1) Has the plaintiff suffered damage that is actionable in negligence, or has the law yet to recognise such damage? (2) Is the plaintiff’s (legally recognised) damage causally related to the defendant’s breach of their duty of care? And (3) Ought the full extent of the plaintiff’s damage be within the scope of the defendant’s liability to compensate for it?

This chapter examines the broad legal framework governing sexual offences by examining the selected offences of rape and sexual assault, which provide a foundation for understanding other sexual offences. This chapter will also briefly discuss sexual offences against vulnerable individuals such as children. Finally, the chapter considers the challenge that technology increasingly poses in the area of sexual offences and considers how technology may facilitate traditional forms of offending or create new forms of offending.

A person’s interest in real or personal property is protected by the law of trespass. Trespass is one of the oldest of the common law actions, and most of the core principles arise from common law. Trespass was used for various claims, the common element of which was that the interference was direct – where the interference was indirect the ‘action on the case’ was more appropriate, and this action evolved into the modern law of negligence. Trespass is actionable per se – that is, there is no need for the plaintiff to prove that they suffered damage. Trespass can also be a crime; however, the principles should be kept distinct.As we saw in Chapter 6, the trespass action is also used to protect the plaintiff’s interest in their bodily integrity – trespass to the person can be assault, battery or false imprisonment. In this chapter we are dealing with trespass to land and to personal property. Land is defined in the same way as it is in the general law of property, and personal property is, in essence, any property other than land. ‘Personal property’ as a term is often used interchangeably with the terms ‘goods’ or ‘chattels’.

This chapter introduces summary offences, sometimes referred to as ‘simple offences’, or matters laid ‘on complaint’. In Chapter 2, we observed how criminal matters are determined in different ways, including jury trials, before a magistrate sitting alone, and infringement notices. We also observed that summary matters carry with them a spectrum of penalties, ranging from (limited) terms of imprisonment, fines, and administrative sanctions. Here, we move to a consideration of actual offence provisions.The term ‘summary offence’ is a reference to the procedure through which an offence is determined. Matters that are ‘disposed of summarily’ are processed in a Local or Magistrate’s Court by a Magistrate sitting alone in the absence of a jury. We begin this chapter by considering the nature of summary offences, before turning to explore the concept of public peace and its associated relationship with procedure and powers. We then consider the major categories of summary offences relating to public order, before concluding with traffic offences.

Once a duty of care has been established, the plaintiff must then establish that there was a failure to comply with that duty – that the defendant fell below the standard required. There are two steps to this: establishing the standard required and determining whether the defendant fell below that standard. This area of law was developed in case law, which has been affected by statute in most jurisdictions. However, the statutes use many of the concepts, and much of the wording, from common law.