Professional Liability and Property Transactions

Pirmais vāks
Federation Press, 2004 - 464 lappuses
This 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

From equity to gross negligence
31
Tort or contract?
38
Panalpina International Transport Ltd v Photo Production v Securicor Transport
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
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