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.

"This book is a guide to environmental laws and liability issues that arise in real estate and commercial transactions"--

Transactions in land and other real property differ between countries throughout Europe. The transaction procedures reflect formal rules, but they are also normalized through conventions and professional codes of conduct. This complex of technical, legal and economic issues was investigated from the point of view of transaction economics through an ESF-COST supported Action G9 ‘Modeling Real Property Transactions’. The research was performed between 2001 and 2005 by researchers mainly from university departments related to land surveying, real estate management, geo-information sciences and knowledge engineering. This book represents the final outcome of that study. A modeling approach was elaborated and tested on a number of countries (especially Sweden and Slovenia, for which the models are shown in this book in the Unified Modeling Language (UML)). The modeling approach leads to transparency and allows comparison. Nevertheless, the influence of the national and social contexts, and the different perspectives that can be taken, prevent a simple ranking of the studied procedures. For those planning or comparing transaction procedures or parts thereof, the book supplies a tested approach and methodology. But the book eventually warns of simplification in this field full of complex national institutional arrangements.

Professional Liability has been written to give accountancy and business students a clear and concise description of the legal principles relating to professional liability. The core of the book is a wide-ranging and detailed account of the growth and application of the tort of negligence. Over one hundred leading British and Hong Kong cases covering a wide range of professions and business situations are used to illustrate the basic principles. The facts and a detailed analysis of all major cases are provided. A number of leading Commonwealth cases have also been included. The book is also useful to those studying or seeking information on professional liability in areas such as surveying, banking, and public administration. The text is divided into numbered paragraphs, and the main points are summarized at the end of each chapter, for easier comprehension and study.

"This book addresses practical application of intellectual property principles to drafting and negotiating intellectual property transactions, intended to be used by practicing lawyers for use in their practices in addition to being used as a textbook for a law school course"--