Tort Liability For Mental Harm PDF Download
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Author | : Emeritus Professor Peter Handford |
Publisher | : Lawbook Company |
Total Pages | : 1137 |
Release | : 2016-12-21 |
Genre | : Liability (Law) |
ISBN | : 9780455238364 |
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"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.
Author | : Nicholas J. Mullany |
Publisher | : Lawbook Company |
Total Pages | : 516 |
Release | : 1993 |
Genre | : Law |
ISBN | : |
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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.
Author | : Peter R. Handford |
Publisher | : |
Total Pages | : 761 |
Release | : 2006-01-01 |
Genre | : Liability (Law) |
ISBN | : 9780455222943 |
Download Mullany and Handford's Tort Liability for Psychiatric Damage Book in PDF, ePub and Kindle
Author | : Harvey Teff |
Publisher | : Bloomsbury Publishing |
Total Pages | : 228 |
Release | : 2008-12-18 |
Genre | : Law |
ISBN | : 1847314783 |
Download Causing Psychiatric and Emotional Harm Book in PDF, ePub and Kindle
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.
Author | : Patrick Kimuyu |
Publisher | : GRIN Verlag |
Total Pages | : 13 |
Release | : 2017-11-21 |
Genre | : Medical |
ISBN | : 3668575908 |
Download Principles of Tortuous Liability Book in PDF, ePub and Kindle
Research Paper (postgraduate) from the year 2017 in the subject Health - Public Health, grade: 1.6, Egerton University, language: English, abstract: Tortuous liability is applied in healthcare in order to monitor claims and lawsuits arising from medical malpractices and negligence of their staff. Precisely, ‘tort’ refers to wrongful action committed by a person. The remedy to tort is damages, and this forms a part of the law of obligation. Currently, juries doctor program has made the principles of tortuous liability compulsory for their students. In this program, students learn the fundamental elements of tort liability in areas such as breach of duty, causation, negligence and defenses to liability. Tort liability in many healthcare setting is based on the conduct of personnel working at the facility as well as the organization itself. Tort law has mainly two objectives; deterrence and compensation. Seemingly, in 2002, the Australia tort laws went through major changes. Tort laws in Australia are divided into three groups namely; negligence torts, strict liability torts and intentional torts. Negligence torts refer to civil wrongs that occur due to one’s failure in exercising care against risk of known harm. Intentional torts are defined as deliberate action that results to harming a plaintiff. Classical example of intentional tort includes fraud and defamation. Strict liability torts impose accountability on a company that is not guilty of wrongdoing but its activities cause dangerous harm to the society despite taking the appropriate care. According to researchers, reasonable comprehension of tort can aid in minimizing the occurrence of tort liability. Risk managers have a duty of updating all the relevant organizations procedures and policies so as to meet the stipulated legal requirements. Any change in policy must be passed to the organizational staff in order to familiarize them with the incoming changes and probable effect on their daily activities. Therefore, this analysis focuses on the impact of reforms on tort law.
Author | : Des Butler |
Publisher | : Federation Press |
Total Pages | : 182 |
Release | : 2004 |
Genre | : Health & Fitness |
ISBN | : 9781862874916 |
Download Damages for Psychiatric Injuries Book in PDF, ePub and Kindle
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.
Author | : Christian Witting |
Publisher | : |
Total Pages | : 586 |
Release | : 1997 |
Genre | : Criminal law |
ISBN | : |
Download Intended Mental Harm Book in PDF, ePub and Kindle
Author | : nicholas; handford mullsny (peter r) |
Publisher | : |
Total Pages | : |
Release | : 1993 |
Genre | : |
ISBN | : |
Download Tort Liability for Psychiatric Damage Book in PDF, ePub and Kindle
Author | : Michael A. Jones |
Publisher | : Butterworths |
Total Pages | : |
Release | : 2004-11-30 |
Genre | : Liability for emotional distress |
ISBN | : 9780406959393 |
Download Liability for Psychiatric Damage Book in PDF, ePub and Kindle
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.
Author | : John W. Dougherty |
Publisher | : |
Total Pages | : 52 |
Release | : 2004 |
Genre | : Educational law and legislation |
ISBN | : |
Download Torts and Liability Book in PDF, ePub and Kindle