Professional Liability and Property TransactionsFederation 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. |
No grāmatas satura
1.5. rezultāts no 85.
x. lappuse
... Effect on the contract 3.1.2 Limits on right to rescind 3.1.3 Rescission for common law misrepresentation 3.1.4 Rescission under Trade Practices Act 1974 ( Cth ) 3.2 Damages under s 82 Trade Practices Act 1974 ( Cth ) 3.2.1 Causation ...
... Effect on the contract 3.1.2 Limits on right to rescind 3.1.3 Rescission for common law misrepresentation 3.1.4 Rescission under Trade Practices Act 1974 ( Cth ) 3.2 Damages under s 82 Trade Practices Act 1974 ( Cth ) 3.2.1 Causation ...
3. lappuse
... effect of exclusion of liability and , as stated , the effect of contributory negligence . However , first , it is appropriate by way of introduction , to locate the professional in the general scheme of business affairs and to consider ...
... effect of exclusion of liability and , as stated , the effect of contributory negligence . However , first , it is appropriate by way of introduction , to locate the professional in the general scheme of business affairs and to consider ...
4. lappuse
... effect a monopoly . The group then adopts a code of ethics which establishes a public service ideal and thereby asserts the ' social utility ' of the profession and , finally , the group seeks the legitimation of their new status by the ...
... effect a monopoly . The group then adopts a code of ethics which establishes a public service ideal and thereby asserts the ' social utility ' of the profession and , finally , the group seeks the legitimation of their new status by the ...
14. lappuse
... effect is to transform lawyers ' time and knowledge into a saleable commodity.52 The concept of public service is difficult to reconcile with this . Also , such systems reward inefficiency , penalise the experienced , and encourage ...
... effect is to transform lawyers ' time and knowledge into a saleable commodity.52 The concept of public service is difficult to reconcile with this . Also , such systems reward inefficiency , penalise the experienced , and encourage ...
35. lappuse
... effect of Derry v Peek63 to claims involving deceit and dishonesty , and not mere carelessness in making incorrect statements . It will be recalled that in Nocton v Lord Ashburton , 64 liability rested on the solicitor as a professional ...
... effect of Derry v Peek63 to claims involving deceit and dishonesty , and not mere carelessness in making incorrect statements . It will be recalled that in Nocton v Lord Ashburton , 64 liability rested on the solicitor as a professional ...
Saturs
Chapter 4 | 178 |
Crimes Act 1958 | 189 |
274 Petroleum NL 1994 179 CLR 332 | 203 |
Environmental Planning and Assessment | 216 |
52 227 297 | 222 |
5 | 236 |
Interpretation Act 1987 | 243 |
Judiciary Act 1903 | 255 |
Professional liability and misleading or deceptive conduct | 52 |
2220 | 56 |
Liability for deceit | 64 |
Limitation of Professional Liability | 69 |
The importance of knowledge of existence of disclaimer | 70 |
Disclaimer of negligent misstatement by government agencies | 77 |
Remedies for Breach of Professional Obligations | 82 |
Wrongs Act 1936 | 88 |
Civil Liability Act 2002 NSW cont | 90 |
Remedies for Misleading or Deceptive Conduct | 99 |
52 | 100 |
555 | 111 |
Limitation Act 1974 | 114 |
57 | 122 |
Apportionment and Contribution between Defendants | 123 |
Tortfeasors and Contributory Negligence | 125 |
59 | 130 |
Australian Securities | 132 |
Procedural Issues | 141 |
62 | 153 |
Expert Evidence | 157 |
Evidence Act 1995 | 160 |
71 379 | 161 |
Representative Actions | 168 |
Federal Court of Australia Act 1976 | 169 |
Solicitors | 176 |
Real Estate Agents | 267 |
Duties and Standards of Conduct | 276 |
Auctioneer and Agents Act 1971 | 290 |
Bristol and West Building Society 295306 | 295 |
52 54 59 | 297 |
Breach of Duty | 302 |
Remedial Liability | 321 |
131 | 337 |
Valuers | 339 |
Instruments Act 1958 | 354 |
Remedies | 356 |
20 | 357 |
Accountants | 375 |
Remedies | 383 |
Construction Professionals | 388 |
Duties and Standards of Conduct | 391 |
Lenders | 402 |
4 | 412 |
62 | 423 |
7 | 431 |
New South Wales | 432 |
Local Authorities | 435 |
3 | 438 |
4 | 452 |
Date of assessment | 458 |
Bieži izmantoti vārdi un frāzes
advice advise Agents and Motor application arise Aust Torts Reports Australia Ltd breach of contract breach of duty buyer causation circumstances Civil Liability Act claim client common law considered contributory negligence Corporation Dealers Act 2000 deceptive conduct disclose duty of care Estate Pty Ltd evidence fact Fair Trading Act fiduciary duty High Court Ibid interest Investments Pty Ltd lease legislation lender Limitation misleading conduct misleading or deceptive misrepresentation mortgage Motor Dealers Act National Australia Bank NSWCA NSWLR NSWSC NZLR obligation person plaintiff Practices Act 1974 principles profession professional Property Agents property transactions purchase Queensland real estate agent reasonable relationship relevant reliance relied representation rescission SASR seller skill solicitor South Australia South Wales statements third party tort Trade Practices Act trust valuation valuer Western Australia