Tort Liability For Mental Harm
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Tort Liability For Mental Harm
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Author : Emeritus Professor Peter Handford
language : en
Publisher: Lawbook Company
Release Date : 2016-12-21
Tort Liability For Mental Harm written by Emeritus Professor Peter Handford and has been published by Lawbook Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-21 with Liability (Law) categories.
"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.
Tort Liability For Psychiatric Damage
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Author : Nicholas J. Mullany
language : en
Publisher: Lawbook Company
Release Date : 1993
Tort Liability For Psychiatric Damage written by Nicholas J. Mullany and has been published by Lawbook Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Law categories.
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
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Author : Peter R. Handford
language : en
Publisher:
Release Date : 2006-01-01
Mullany And Handford S Tort Liability For Psychiatric Damage written by Peter R. Handford and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-01-01 with Liability (Law) categories.
Causing Psychiatric And Emotional Harm
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Author : Harvey Teff
language : en
Publisher: Bloomsbury Publishing
Release Date : 2008-12-18
Causing Psychiatric And Emotional Harm written by Harvey Teff and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-12-18 with Law categories.
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.
Principles Of Tortuous Liability
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Author : Patrick Kimuyu
language : en
Publisher: GRIN Verlag
Release Date : 2017-11-21
Principles Of Tortuous Liability written by Patrick Kimuyu and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-21 with Medical categories.
Research Paper (postgraduate) from the year 2017 in the subject Medicine - 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.
Intended Mental Harm
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Author : Christian Witting
language : en
Publisher:
Release Date : 1997
Intended Mental Harm written by Christian Witting and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Criminal law categories.
Damages For Psychiatric Injuries
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Author : Des Butler
language : en
Publisher: Federation Press
Release Date : 2004
Damages For Psychiatric Injuries written by Des Butler and has been published by Federation Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Health & Fitness categories.
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.
Report On Damages For Psychiatric Injury
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Author : Scottish Law Commission
language : en
Publisher:
Release Date : 2004
Report On Damages For Psychiatric Injury written by Scottish Law Commission and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Damages categories.
Following on from a consultation paper published in August 2002 (Discussion paper 120, ISBN 0108880699), this report examines the law in Scotland relating to psychiatric injury caused by another person. It considers the existing law and its defects, and makes recommendations for its reform. It concentrates on cases where the act or omission of the wrongdoer gives rise to mental harm without causing any physical or other injury to the victim. Such claims can arise where people are caught up in serious incidents where they are emerge physically unscathed or where close relatives are killed or injured, or in accidents on roads or due to work-related stress. Recommendations include replacement of the current system of common law rules by a statutory obligation to make reparation for wrongfully caused mental harm. The report includes the text of the proposed draft Bill as an appendix, together with explanatory notes.
Liability For Psychiatric Damage
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Author : Michael A. Jones
language : en
Publisher: Butterworths
Release Date : 2004-11-30
Liability For Psychiatric Damage written by Michael A. Jones and has been published by Butterworths this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-11-30 with Liability for emotional distress categories.
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.
The Interfaces Of Medicine And Law
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Author : Danuta Mendelson
language : en
Publisher: Dartmouth Publishing Company
Release Date : 1998
The Interfaces Of Medicine And Law written by Danuta Mendelson and has been published by Dartmouth Publishing Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Forensic psychiatry categories.
There has been a scarcity of scholarly investigations of the interface between medicine and law in the area of negligently occasioned psychiatric damage. This book traces the evolution of liability for nervous shock from the perspective of the developments in medical science and psychiatry.