Tort Liability for Psychiatric Damage

Tort Liability for Psychiatric Damage PDF Author: Nicholas J. Mullany
Publisher: Lawbook Company
ISBN:
Category : Law
Languages : en
Pages : 516

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Book Description
Monograph surveying the field of claims for liability in cases of 'nervous shock', a term rejected by the authors, who are Western Australian lawyers. Covers several jurisdictions including Australia, Canada and the United Kingdom. Included are a table of cases, a table of statutes and an index.

Tort Liability for Psychiatric Damage

Tort Liability for Psychiatric Damage PDF Author: Nicholas J. Mullany
Publisher: Lawbook Company
ISBN:
Category : Law
Languages : en
Pages : 516

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Book Description
Monograph surveying the field of claims for liability in cases of 'nervous shock', a term rejected by the authors, who are Western Australian lawyers. Covers several jurisdictions including Australia, Canada and the United Kingdom. Included are a table of cases, a table of statutes and an index.

Mullany and Handford's Tort Liability for Psychiatric Damage

Mullany and Handford's Tort Liability for Psychiatric Damage PDF Author: Peter R. Handford
Publisher:
ISBN: 9780455222943
Category : Liability (Law)
Languages : en
Pages : 761

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Book Description


Tort Liability for Mental Harm

Tort Liability for Mental Harm PDF Author: Emeritus Professor Peter Handford
Publisher: Lawbook Company
ISBN: 9780455238364
Category : Liability (Law)
Languages : en
Pages : 1137

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Book Description
"This book unpacks in comprehensive detail every important aspect of its topic... (It) is and will remain for a long time a work of central importance on its topic in Australia and beyond." - From the Foreword, by the Honourable Robert S French, Chief Justice of the High Court of Australia. This title explores the issue of tort liability for mental harm and renews the landmark work previously published as Mullany & Handford's Tort Liability Psychiatric Damage (in 1993 and 2006) It provides specialised consideration of negligence liability for what the Civil Liability Acts now refer to as mental harm, also described as 'psychiatric damage' or 'nervous shock'. It draws widely on the case law and refers in detail to the legislation across Australia to address key issues such as the kinds of mental harm for which a claim will lie, who may claim and in what circumstances. This third iteration of the title offers a comprehensive reference work covering the law in Australia. In the 21st century the law of torts in Australia has steadily diverged from other common law jurisdictions and followed an independent path. Accordingly, this edition concentrates primarily on Australian law while continuing to discuss the law in other common law jurisdictions where it is pertinent to Australian developments or when a useful contrast can be drawn.

Damages for Psychiatric Injuries

Damages for Psychiatric Injuries PDF Author: Des Butler
Publisher: Federation Press
ISBN: 9781862874916
Category : Health & Fitness
Languages : en
Pages : 182

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Book Description
Damages for Psychiatric Injuries offers a critique of liability for psychiatric injury in Australia and England. Author Des Butler examines current day understandings of psychiatric medicine, evaluates the legitimacy of past and current approaches to limiting liability, and examines the policy considerations which promote such limits. Butler also analyses the recommendations of the 2002 Ipp Panel's Review of Negligence in Australia and resulting legislation. Succinct and readable, the book sets out a preferred approach to dealing with claims for psychiatric injuries, which recognises the scientific advances of recent times and reflects good legal reasoning.

Tort Liability for Psychiatric Damage

Tort Liability for Psychiatric Damage PDF Author: nicholas; handford mullsny (peter r)
Publisher:
ISBN:
Category :
Languages : en
Pages :

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Book Description


Tort Liability for Psychiatric Damage

Tort Liability for Psychiatric Damage PDF Author: Val Corbett (LLM.)
Publisher:
ISBN:
Category :
Languages : en
Pages : 74

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Book Description


Causing Psychiatric and Emotional Harm

Causing Psychiatric and Emotional Harm PDF Author: Harvey Teff
Publisher: Bloomsbury Publishing
ISBN: 1847314783
Category : Law
Languages : en
Pages : 228

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Book Description
Though mental harm can be profoundly disabling, the law imposes strict limits on who can recover damages for it. In the absence of physical injury, compensation is not normally available for negligently caused mental suffering, however severe, unless it constitutes a 'recognisable psychiatric illness'. Claimants whose mental trauma stems from injury caused to someone else are subject to arbitrary restrictive liability rules that dispense with established legal principles and cannot be reconciled with scientific advances. The book traces the history of civil liability for mental harm up to the present day. It is argued that the reluctance to provide redress reflects an enduring suspicion of intangible injury and undue fear of proliferating claims. The scale and legal ramifications of the Hillsborough disaster; the emergence of claims arising from work-related stress, and other new categories of claims based mainly on prior relationships between the parties, have all added to a 'floodgates fear' that has intensified due to popular perceptions of a 'compensation culture'. The book contrasts the limited scope for liability under English law with developments in several other jurisdictions. It is argued that statutory reform is needed to achieve greater legal coherence and to provide a remedy that tracks the impact and severity of harm and is not confined to psychiatric disorders. A new legal framework is offered, rooted in reasonable foreseeability of mental or emotional harm, with a liability threshold of 'moderate severity'. To allay concerns about proliferating claims, modifications to the compensatory regime for personal injury are proposed.

Liability for Psychiatric Damage

Liability for Psychiatric Damage PDF Author: Michael A. Jones
Publisher: Butterworths
ISBN: 9780406959393
Category : Liability for emotional distress
Languages : en
Pages :

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Book Description
Liability for psychiatric damage is a rapidly expanding area of legal interest. Written by experts in the field, this text describes and analyses the present law and practice on the recovery of compensation for mental harm in English law. It also includes comparative analysis of the approaches taken by other jurisdictions. It presents an analysis of the strengths and weaknesses of the law in terms of the medical profession's understanding of how psychiatric injury occurs. Lawyers need to understand not only the legal rules and practice and the general direction in which the courts are going, but also the policy issues (some of which are rooted in medicine rather than law) which influence the changes. In its thorough analysis of the topic, possible future developments and proposals for new approaches to the area are considered alongside human rights aspects.

Tort Law

Tort Law PDF Author: Mark Lunney
Publisher: Oxford University Press
ISBN: 0199211361
Category : Law
Languages : en
Pages : 1059

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Book Description
Each section begins with a clear overview of the key points of the law, before fully explaining and illustrating the topic through substantial case extracts and further commentary."--BOOK JACKET.

Tort Law Concentrate

Tort Law Concentrate PDF Author: CAROL. BRENNAN
Publisher:
ISBN: 0198840543
Category :
Languages : en
Pages : 271

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Book Description
Tort Law Concentrate is written and designed to help you succeed. Accurate and reliable, Concentrate guides help focus your revision and maximise your exam performance. Each guide includes revision tips, advice on how to achieve extra marks, and a thorough and focused breakdown of the key topics and cases.