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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 (1st ed, 1993 and 2nd ed, 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 a when 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 3rd ed 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.