Professional Liability and Property Transactions
By: Sharon Christensen, W. D. Duncan
About This Book
This book examines in detail the principles underpinning professional liability both at common law (tort and contract) and by reason of statute (Trade Practices Act and Fair Trading Acts) in the context of property professionals. It includes comprehensive coverage of the Civil Liability Acts. The early chapters deal with the sources of professional liability. They include an analysis of remedies for breach of professional obligations generally and of procedural issues, such as limitation of actions, expert evidence, apportionment and contributory negligence in the setting of professional liability. The heart of the book is original and accessible material on the measure of damages as it relates to the liability of the various professionals who become involved in property transactions. There are further chapters on the liability of lenders and local authorities as organisations commonly involved. It is an essential reference for any barrister, solicitor or other professional directly or indirectly involved in litigation in this area, as well as property lawyers. With a Foreword by The Hon Justice Ian Callinan. For more detailed information about the book's purpose and structure, please read the extract from the Preface, below.
AI Overview
The book "Professional Liability and Property Transactions" by Sharon Christensen and W. D. Duncan provides a comprehensive coverage of the legal aspects related to professional liability and property transactions. Here is a detailed overview:
Key Themes
- Professional Liability: The book delves into the legal remedies and principles governing professional negligence, including coverage of key case law and statutory provisions such as the Civil Liability Acts.
- Property Transactions: It explores the legal frameworks surrounding property transactions, including issues related to trusts, equity, and property rights.
- Comprehensive Coverage: The book is noted for its thorough and detailed treatment of the subject matter, making it a valuable resource for legal professionals and academics.
Plot Summary
The book is structured to cover various aspects of professional liability and property transactions. It includes sections on:
- Remedies and Principles: Detailed explanations of legal remedies and principles governing professional negligence, including causation, remoteness, and damages.
- Case Law and Statutes: Comprehensive coverage of relevant case law and statutory provisions, such as the Civil Liability Acts, to provide a clear understanding of the legal landscape.
- Property Rights and Trusts: In-depth analysis of property rights and trusts, including the principles of equity and trust law.
- Dispute Resolution: The book also covers dispute resolution mechanisms, including contractual fields like construction, sale of goods, charterparties, professional services, and exclusive jurisdiction clauses.
Critical Reception
The book has received positive reviews for its comprehensive and clear presentation of the subject matter. Here are some excerpts from critical reviews:
- David Campbell Law Quarterly Review: Praised for being "very comprehensive, very competent, and what I think will be seen as its chief virtue very clear".
- Angela Swan, Canadian Business Law Journal: Described as "carefully developed and almost always useful and illuminating".
- Third Edition Praise: The third edition is noted for its substantial rewrites of key chapters, including loss of chance, scope of duty, and negotiating damages, which have been updated in light of recent Supreme Court decisions.
Overall, "Professional Liability and Property Transactions" by Sharon Christensen and W. D. Duncan is a highly regarded resource in the legal community, known for its thorough coverage and practical insights into the complex areas of professional liability and property transactions.