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Overview of "Tort Liability for Psychiatric Damage" by Nicholas J. Mullany and Peter R. Handford

Publication Details:

  • Title: "Tort Liability for Psychiatric Damage: The Law of 'Nervous Shock'"
  • Authors: Nicholas J. Mullany and Peter R. Handford
  • Publisher: The Law Book Company Limited and Sweet & Maxwell
  • Year of Publication: 1993
  • ISBN: 0–455–21175–2
  • Format: Hardback, 315 pages with an index of 17 pages.

Key Themes:

  1. Psychiatric Damage and Nervous Shock:

    • The book focuses on the legal liability for psychiatric damage, particularly in the context of "nervous shock," which refers to the psychological trauma experienced by individuals witnessing or being directly affected by a traumatic event.

  2. Tort Liability:

    • It explores the principles of tort law as they apply to psychiatric damage, including negligence and the conditions under which a claim for psychiatric harm can be made.

  3. Case Law and Legislation:

    • The book draws extensively on case law and refers to relevant legislation to provide a comprehensive understanding of the legal framework governing psychiatric damage claims.

  4. Claimants and Circumstances:

    • It examines who may claim psychiatric damage and in what circumstances, providing detailed analysis of the legal requirements for such claims.

Plot Summary:

The book does not have a narrative plot but rather a detailed, analytical approach to the legal aspects of psychiatric damage. It delves into the various legal principles, case studies, and legislative frameworks that govern the liability for psychiatric harm. The authors provide a thorough examination of the conditions under which a claim for psychiatric damage can be made, including the types of mental harm that are recognized by the law.

Critical Reception:

While an abstract is not available, the book has been reviewed in academic journals. The Cambridge Law Journal published a review in September 1993, indicating that the book was a significant contribution to the field of tort law, particularly in the area of psychiatric damage. The review suggests that the book was well-received for its comprehensive coverage and detailed analysis of the subject matter.

Later Editions and Related Works:

A later edition of a similar work, "Tort Liability for Mental Harm," was published in 2016. This edition provides specialized consideration of negligence liability for mental harm, drawing on case law and legislation across Australia. It is considered a landmark work in the field, as noted in the foreword by the Honourable Robert S French, Chief Justice of the High Court of Australia.

In summary, "Tort Liability for Psychiatric Damage" by Nicholas J. Mullany and Peter R. Handford is a seminal work in the field of tort law, focusing on the legal liability for psychiatric damage and providing a detailed analysis of the relevant case law and legislation. Its critical reception indicates that it was well-regarded for its comprehensive coverage of the subject matter.