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Three issues concerning the interpretation of sections 5O and 5P of the Civil Liability Act 2002 (NSW)

journal contribution
posted on 2023-11-30, 14:08 authored by Sirko HarderSirko Harder
Section 5O of the Civil Liability Act 2002 (NSW) excludes liability for professional negligence where the defendant acted in a manner widely accepted in the profession. Section 5P excludes the provision of particular information from the scope of section 5O. This article investigates three issues relating to the provisions’ interpretation. The first issue is whether section 5O requires that the defendant followed a practice in the sense of a regular course of conduct or whether it is sufficient that expert witnesses regard the defendant’s conduct as competent. The second issue is whether section 5O is capable of excluding the liability of a corporation. The final issue is whether section 5P covers the giving of (or the failure to give) any professional information about a risk of death or injury or whether that risk must be associated with a professional service other than the provision of the information itself.

History

Publication status

  • Published

File Version

  • Published version

Journal

Australian Bar Review

ISSN

0814-8589

Publisher

LexisNexis

Issue

2

Volume

53

Page range

133-150

Department affiliated with

  • Law Publications

Institution

University of Sussex

Full text available

  • Yes

Peer reviewed?

  • Yes

Legacy Posted Date

2023-03-14

First Compliant Deposit (FCD) Date

2023-03-14

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