‘Book Review, The Statutory Foundations of Negligence by Mark Leeming (2019)’

The title of this book, The Statutory Foundations of Negligence, may seem surprising to those afficionados of negligence who are used to thinking of it as a common law concept that has been intruded upon by statute in recent years. This timely and significant book discusses not only the historical foundations of negligence in statute, but the present statutory foundations of negligence as expressed in the civil liability legislation which was introduced in Australian states and territories from 2002. This legislation has forced lawyers and academics to recognise that the common law is expressed both in statute and in cases, and Justice Leeming shows this ‘entanglement’ goes further back than many of us recognise and creates a richness that should justly be celebrated, rather than resisted …

Vines, Prue, The Statutory Foundations of Negligence (2019) 41(3) Sydney Law Review 411.

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