Professional Liability and Property TransactionsThis book examines in detail the principles underpinning professional liability both at common law (tort and contract) and by reason of statute (Trade Practices Act and Fair Trading Acts) in the context of property professionals. It includes comprehensive coverage of the Civil Liability Acts. The early chapters deal with the sources of professional liability. They include an analysis of remedies for breach of professional obligations generally and of procedural issues, such as limitation of actions, expert evidence, apportionment and contributory negligence in the setting of professional liability. The heart of the book is original and accessible material on the measure of damages as it relates to the liability of the various professionals who become involved in property transactions. There are further chapters on the liability of lenders and local authorities as organisations commonly involved. It is an essential reference for any barrister, solicitor or other professional directly or indirectly involved in litigation in this area, as well as property lawyers. With a Foreword by The Hon Justice Ian Callinan. For more detailed information about the book's purpose and structure, please read the extract from the Preface, below. |
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Saturs
Evidence Act 1995 | 160 |
71 379 | 161 |
Representative Actions | 168 |
Federal Court of Australia Act 1976 | 169 |
Solicitors | 176 |
Porter v Moore 1904 2 Ch 367 31 | 178 |
274 Petroleum NL 1994 179 CLR 332 | 203 |
Remedies | 238 |
31 | |
38 | |
44 | |
Professional standards legislation | 48 |
Auctioneers and Real Estate Agents | 51 |
Allied Mortgage Corp Ltd 1993 204 229 248 251 258 | 59 |
Liability for deceit | 64 |
Limitation of Professional Liability | 69 |
The importance of knowledge of existence of disclaimer | 70 |
Building Action Limitation Act 1997 | 72 |
Disclaimer of negligent misstatement by government agencies | 77 |
Remedies for Breach of Professional Obligations | 82 |
Damages in Tort and Contract | 83 |
Civil Liability Act 2002 | 90 |
Remedies for Misleading or Deceptive Conduct | 99 |
Hooper Jackson a firm 1998 Butterfly Pty Ltd 1996 V ConvR 954 | 111 |
Australian Securities and Investment | 122 |
Apportionment and Contribution between Defendants | 123 |
Payzu Limited v Saunders 1919 2 KB Podrebersek v Australian Iron Steel | 130 |
65 | 134 |
Procedural Issues | 141 |
Expert Evidence | 157 |
Judiciary Act 1903 | 255 |
Real Estate Agents | 267 |
Duties and Standards of Conduct | 276 |
Bristol and West Building Society 295 | 295 |
52 54 59 | 297 |
and Motor Dealers Act 2000 Qld | 299 |
Remedial Liability | 321 |
Construction Professionals | 337 |
Valuers | 339 |
Remedies | 356 |
Accountants | 375 |
Construction Professionals | 388 |
Remedies | 396 |
Lenders | 402 |
Prohibition upon Misleading or Deceptive Conduct | 412 |
Default by lender in making advance available | 428 |
New South Wales | 432 |
Local Authorities | 435 |
Disclaimer of liability from statements of local authorities | 452 |
Index | 458 |
Bieži izmantoti vārdi un frāzes
accepted action advice advise Agents Act application arise ATPR Australia authority Bank borrower breach buyer cause Chapter circumstances claim client common concerning conduct considered contract contribution Corporation court damages defendant duty effect engaged entered evidence example exercise existence expected fact failed failure Fair Trading Act fiduciary firm give given held High Court Holdings interest Investments involved knowledge land lease legislation lender liability Limitation Lord loss matter misleading misleading conduct nature negligence NSWLR obligation occurred opinion particular party person plaintiff position principles profession professional Pty Ltd purchase question real estate agent reasonable relation relationship relevant relied remedies representation responsibility result retainer Rules seller situation skill solicitor standard statement suffered third party tort Trade Practices Act transaction trust usually valuation valuer