Tort Liability for Mental Harm 3rd Edition - Book

Tort Liability for Mental Harm 3rd Edition - Book

By Peter Handford


$297.00 RRP

Date: 21/12/2016

Code: 9780455238364

Lawbook Co., AUSTRALIA

Available Formats

Format Title Date Code Price
Book Tort Liability for Mental Harm 3rd Edition - Book 21/12/2016 9780455238364 $297.00 Add to cart
Book+eBook Tort Liability for Mental Harm 3rd Edition - Book & eBook 09/12/2016 41937015 $388.00 Add to cart
eBook - ProView Tort Liability for Mental Harm 3rd Edition - eBook 09/12/2016 9780455238371 $297.00 Add to cart


"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.

Professor Peter Handford has fully updated and adjusted the content to reflect this new reality. He provides a fresh and relevant treatment of tort liability for mental harm, with the assistance of Professor Philip Mitchell who discusses the medical and psychiatric background. Professor Mitchell also contributed to the Second Edition.

Tort Liability for Mental Harm Third Edition continues to offer the definitive treatment of this complex and fascinating aspect of tort law for private and public solicitors, barristers, the courts, and those involved in government policy-making.

Table of Contents

  1. Introduction
  2. The Australian law
  3. The law elsewhere
  4. Recognised psychiatric illness
  5. A medical perspective  
  6. Attempts to lower the barrier
  7. Duty and other elements of liability
  8. Normal fortitude
  9. Circumstances of the case: relationship to accident victim
  10. Proximity of time and space
  11. Means of communication
  12. Sudden shock
  13. Statutory extensions and restrictions
  14. Secondary victims: variations on the traditional theme
  15. Where the tortfeasor is the primary victim
  16. Defences
  17. Damages
  18. General principles
  19. Employer and employee
  20. Work stress
  21. Professional and other relationships
  22. Secondary victim cases
  23. Air travel
  24. Primary victims within the zone of danger
  25. Rescuers
  26. Involuntary participants
  27. Damage to property
  28. Bad news
  29. Fear for the future
  30. Wilkinson v Downton

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