Harder, Sirko (2022) Three issues concerning the interpretation of sections 5O and 5P of the Civil Liability Act 2002 (NSW). Australian Bar Review. ISSN 0814-8589 (Accepted)

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Abstract

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.

Item Type:	Article
Keywords:	Civil Liability Act 2002 (NSW), professional negligence, standard of care
Schools and Departments:	School of Law, Politics and Sociology > Law
SWORD Depositor:	Mx Elements Account
Depositing User:	Mx Elements Account
Date Deposited:	14 Mar 2023 09:16
Last Modified:	14 Mar 2023 09:30
URI:	http://sro.sussex.ac.uk/id/eprint/111208

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