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 61.
ix. lappuse
... existence of disclaimer Origin of disclaimer to negative liability for negligent advice Disclaimer ineffectual in cases of misleading or deceptive conduct 5. Disclaimer of negligent misstatement by government agencies 4 . 6 . Conclusion ...
... existence of disclaimer Origin of disclaimer to negative liability for negligent advice Disclaimer ineffectual in cases of misleading or deceptive conduct 5. Disclaimer of negligent misstatement by government agencies 4 . 6 . Conclusion ...
33. lappuse
... existence of a duty of care raised by law would exist independently of a contractual obligation where loss or injury arose from one set of facts . In Heaven v Pender , 43 Brett MR acknowledged that , whilst the use of ordinary care and ...
... existence of a duty of care raised by law would exist independently of a contractual obligation where loss or injury arose from one set of facts . In Heaven v Pender , 43 Brett MR acknowledged that , whilst the use of ordinary care and ...
36. lappuse
... existence of a duty in this particular case.70 As Partlett observed , the judgment raised more questions than it answered.71 It appeared to be limited to professionals giving advice to clients rather than other advice givers merely ...
... existence of a duty in this particular case.70 As Partlett observed , the judgment raised more questions than it answered.71 It appeared to be limited to professionals giving advice to clients rather than other advice givers merely ...
41. lappuse
... existence of concurrent liability in tort and contract may be qualified by the proviso that liability in tort would not lie in the circumstances where the parties had agreed that such liability would be limited or excluded by the ...
... existence of concurrent liability in tort and contract may be qualified by the proviso that liability in tort would not lie in the circumstances where the parties had agreed that such liability would be limited or excluded by the ...
45. lappuse
... existence of which is well known not only to the courts but to the litigants themselves . Given the high cost of litigation , there can be very little point in litigating a matter to judgment where it is quite clear that the particular ...
... existence of which is well known not only to the courts but to the litigants themselves . Given the high cost of litigation , there can be very little point in litigating a matter to judgment where it is quite clear that the particular ...
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