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Torts B Study Notes
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Torts B Study Notes

LAW2202 - Torts B

62 Pages Monash University Complete Study Notes Year: Pre-2017

Mental Harm 3 What harm is Compensable? 3 Recognisable psychiatric illness 3 Recognised psychiatric injury 4 Pure and Consequential Injury. 5 Historical Development 6 Requirements of Liability prior to Tame/Annetts 8 Liability under current Australian common law 11 Comparison with the position in England 14 Other Situations Involving Psychiatric Injury 18 Negligence and Omissions 21 Nonfeasance Rule 22 Nuisance 26 Structure for answers: 26 Private Nuisance 27 Unreasonable Interference 28 Title to Sue 28 Who may be liable? 29 What is unreasonable interference? 33 Damage/ Interference 35 Propriety Right 37 Structures on and emanations form the Ds property 38 Material 40 What is Unreasonable 40 Locality 40 Extent and Intensity 41 Duration, time and frequency 41 Undue Sensitivity of the plaintiffs utility 42 Malice 43 Private Nuisance - Remedies 50 Remedies 54

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