Tort liability for mental harm / Peter Handford ; material on psychiatric injury and medical research revised by Philip Mitchell.

Pyrmont, N.S.W. : Thomson Reuters (Professional) Australia Limited, 2017.

3rd ed.

87472

Torts -- Australia.

Liability for emotional distress -- Australia.

Liability (Law) -- Australia.

Stress (Psychology) -- Australia.

1. Introduction

2. The Australian law

3. The law elsewhere

4. Recognised psychiatric illness

5. A medical perspective

6. Attempts to lower the barrier

7. Duty and other elements of liability

8. Normal fortitude

9. Circumstances of the case: relationship to accident victim

10. Proximity of time and space

11. Means of communication

12. Sudden shock

13. Statutory extensions and restrictions

14. Secondary victims: variations on the traditional theme

15. Where the tortfeasor is the primary victim

16. Defences

17. Damages

18. General principles

19. Employer and employee

20. Work stress

21. Professional and other relationships

22. Secondary victim cases

23. Air travel

24. Primary victims within the zone of danger

25. Rescuers

26. Involuntary participants

27. Damage to property

28. Bad news

29. Fear for the future

30. Wilkinson v Downton.

"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. Professor Peter Handford has fully updated and adjusted the content to reflect this new reality. He provides a fresh and relevant treatment of tort liability for mental harm, with the assistance of Professor Philip Mitchell who discusses the medical and psychiatric background. Professor Mitchell also contributed to the Second Edition. Tort Liability for Mental Harm Third Edition continues to offer the definitive treatment of this complex and fascinating aspect of tort law for private and public solicitors, barristers, the courts, and those involved in government policy-making." - Publisher's website.

Previous edition entitled "Mullany and Handford's tort liability for psychiatric damage".

Includes bibliographical references and index.

9780455238364

lxxxvi, 1137 p. ; 25 cm