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 79.
5. lappuse
... reasonable man [ sic ] say now , in the time in which we live , of any particular occupation , that it is properly described as a profession ? ' 12 In Holman v Deol , 13 it was necessary for Lee J to define the expression ' work of a ...
... reasonable man [ sic ] say now , in the time in which we live , of any particular occupation , that it is properly described as a profession ? ' 12 In Holman v Deol , 13 it was necessary for Lee J to define the expression ' work of a ...
35. lappuse
... reasonable man would have done . A reasonable man , knowing that he was being trusted or that his skill or judgment was being relied upon , would , I think have three courses open to him . He could keep silent or decline to give the ...
... reasonable man would have done . A reasonable man , knowing that he was being trusted or that his skill or judgment was being relied upon , would , I think have three courses open to him . He could keep silent or decline to give the ...
37. lappuse
... reasonable care and skill in doing so.75 However , the Privy Council , by majority , reversed this decision on the ... reasonable person , with the facts known to the inquirer ( including statements made by the adviser ) , entitled the ...
... reasonable care and skill in doing so.75 However , the Privy Council , by majority , reversed this decision on the ... reasonable person , with the facts known to the inquirer ( including statements made by the adviser ) , entitled the ...
41. lappuse
... reasonable care exists , there is no justification for implying a term of the same content into the contract and , consequently , no action for a breach of an implied term to take reasonable care could arise.108 This line of reasoning ...
... reasonable care exists , there is no justification for implying a term of the same content into the contract and , consequently , no action for a breach of an implied term to take reasonable care could arise.108 This line of reasoning ...
42. lappuse
... reasonable care and skill . Persons who give con- sideration for the provision of services expect that those services will be provided with due care and skill . Reliance on an implied term giving effect to that expectation should not be ...
... reasonable care and skill . Persons who give con- sideration for the provision of services expect that those services will be provided with due care and skill . Reliance on an implied term giving effect to that expectation should not be ...
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