Tort Liability for Mental Harm
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By: Emeritus Professor Peter Handford, Peter R. Handford, Philip Bowden Mitchell
"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.
AI Overview
Title: "Tort Liability for Mental Harm" by Emeritus Professor Peter Handford, Peter R. Handford, and Philip Bowden Mitchell
Overview: The book "Tort Liability for Mental Harm" is a comprehensive treatise on the legal principles governing mental harm in tort law. It is the third edition of a landmark work previously published as "Mullany & Handford's Tort Liability Psychiatric Damage" in 1993 and 2006.
Key Themes:
- Negligence Liability: The book provides specialized consideration of negligence liability for mental harm, which is also referred to as psychiatric damage or nervous shock.
- Australian Law: The third edition focuses primarily on Australian law, drawing widely on case law and 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.
- International Comparison: While concentrating on Australian law, the book also discusses the law in other common law jurisdictions where it is pertinent to Australian developments or useful for contrast.
- Medical and Psychiatric Background: Professor Philip Mitchell contributes to the medical and psychiatric background of mental harm, providing a fresh and relevant treatment of tort liability for mental harm.
Plot Summary:
The book delves into the complex and fascinating aspect of tort law related to mental harm. It explores the legal framework governing claims for psychiatric damage, including the conditions under which such claims can be made. The authors provide detailed analysis of case law and legislation, offering a comprehensive reference work for legal professionals, courts, and those involved in government policy-making.
Critical Reception:
- Foreword by Chief Justice Robert S French: The book has been praised for its comprehensive detail and importance in the field of tort law. Chief Justice Robert S French, in the foreword, notes that the book will remain a work of central importance on its topic in Australia and beyond.
- Academic and Professional Use: The book is considered a definitive treatment of tort liability for mental harm, making it essential for private and public solicitors, barristers, and those involved in government policy-making.
Additional Insights:
- Updates and Adjustments: Professor Peter Handford has fully updated and adjusted the content to reflect the evolving reality of the law of torts in Australia, which has diverged from other common law jurisdictions.
- Contributions: The third edition continues to offer a fresh and relevant treatment of tort liability for mental harm, with contributions from Professor Philip Mitchell, who discusses the medical and psychiatric background of mental harm.
Overall, "Tort Liability for Mental Harm" is a seminal work in the field of tort law, providing a comprehensive and authoritative guide to the legal principles governing mental harm in Australia and beyond.