Mullany and Handford's Tort Liability for Psychiatric Damage

Book Overview: "Mullany and Handford's Tort Liability for Psychiatric Damage"

Authors

The book is authored by Peter R. Handford and Nicholas J. Mullany, with contributions from Philip Bowden Mitchell in later editions. Nicholas J. Mullany was a Barrister and Solicitor of the Supreme Court of Western Australia, and Peter R. Handford was a legal expert who contributed to the development of the book over its editions.

Key Themes

1. Tort Liability for Psychiatric Damage: The book focuses on the legal liability for mental harm, also referred to as psychiatric damage or nervous shock. It explores the complexities and uncertainties in the law related to such damages.
2. Negligence Liability: The book provides specialized consideration of negligence liability for mental harm, addressing key issues such as the types of mental harm for which a claim will lie, who may claim, and in what circumstances.
3. Case Law and Legislation: The book draws widely on case law and refers in detail to the legislation across Australia to address the complexities of psychiatric damage claims.

Plot Summary

The book delves into the intricacies of tort liability for psychiatric damage, examining the various aspects of mental harm caused by external events. It discusses the different types of mental states involved in litigated cases, the distinctions made by courts to restrict liability, and the specific conditions under which individuals can claim compensation for psychiatric damage.

Critical Reception

1. Initial Edition (1993): The first edition of the book received a positive review in the Western Australian Law Review. The reviewer noted that the law relating to nervous shock is problematic due to its uncertainties and absurdities. The authors highlighted that the types of mental states in issue are extreme versions of normal reactions to external events, leading to complex distinctions made by courts.
2. Second Edition (2006): The second edition was praised for its style, which carried the story along without tiring the reader. It was described as a valuable tool for the study of torts, providing comprehensive tools for understanding the topic.
3. Third Edition (2016): The third edition, now titled "Tort Liability for Mental Harm," was described as a work of central importance on its topic in Australia and beyond. It was praised for its comprehensive detail and specialized consideration of negligence liability for mental harm, drawing widely on case law and legislation.

Editions and Availability

• First Edition (1993): Published by the Law Book Company, Sydney.
• Second Edition (2006): Available from Boffins Books, with a revised section on psychiatric injury and medical research.
• Third Edition (2016): Published by Thomson Reuters, Lawbook Co., Australia, priced at $297.00.

The book has been a significant work of reference on the topic of tort liability for psychiatric damage, providing valuable insights and tools for legal professionals and scholars.