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 88.
viii. lappuse
... 27 4 . From equity to gross negligence 31 5. From gross negligence to negligence 32 65 6. Tort or contract ? 38 7 . The link between liability insurance and liability 42 8 . 9 . Professional standards legislation Fiduciary duties of viii.
... 27 4 . From equity to gross negligence 31 5. From gross negligence to negligence 32 65 6. Tort or contract ? 38 7 . The link between liability insurance and liability 42 8 . 9 . Professional standards legislation Fiduciary duties of viii.
ix. lappuse
... tort 2.3 Mitigation - general principle 93 94 2.4.1 2.4.2 Net loss only recoverable 2.4.3 Heads of damage 2.3.1 Mitigation - a question of fact 2.4 Assessment of damages in contract and tort Date of assessment 95 96 96 97 98 3886 3 ...
... tort 2.3 Mitigation - general principle 93 94 2.4.1 2.4.2 Net loss only recoverable 2.4.3 Heads of damage 2.3.1 Mitigation - a question of fact 2.4 Assessment of damages in contract and tort Date of assessment 95 96 96 97 98 3886 3 ...
xi. lappuse
... tort 182 3.3.1 Comparison of duty of care in tort and contract to the client 183 3.4 Expected standard of care and skill 3.4.1 General statement of standard 3.4.2 Evidence of general practice 3.4.3 Content of the duty to the client 186 ...
... tort 182 3.3.1 Comparison of duty of care in tort and contract to the client 183 3.4 Expected standard of care and skill 3.4.1 General statement of standard 3.4.2 Evidence of general practice 3.4.3 Content of the duty to the client 186 ...
xv. lappuse
Sharon Christensen, W. D. Duncan. 4.4 Damages in tort and contract 4.4.1 Liability for breach of contractual obligations 329 329 4.4.2 Liability for negligence 329 4.4.3 Causation and remoteness 329 4.4.4 Measure of damages for breach of ...
Sharon Christensen, W. D. Duncan. 4.4 Damages in tort and contract 4.4.1 Liability for breach of contractual obligations 329 329 4.4.2 Liability for negligence 329 4.4.3 Causation and remoteness 329 4.4.4 Measure of damages for breach of ...
xviii. lappuse
... tort expanded the bases of professional liability . The decision of the House of Lords in Hedley Byrne v Heller [ 1964 ] AC 465 paved the way for claims in negligence for economic loss , exponentially expanding the liability of ...
... tort expanded the bases of professional liability . The decision of the House of Lords in Hedley Byrne v Heller [ 1964 ] AC 465 paved the way for claims in negligence for economic loss , exponentially expanding the liability of ...
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