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Causation

Real estate agents: mere conduits?

By robert / October 4, 2018 / Comments Off on Real estate agents: mere conduits?

Reasonable purchasers in the position of the Hyders would have taken from their inspection of the property, the relevant marketing material and their oral communications with McGrath that the information that it provided in respect of parking was obtained from the vendor and that McGrath was not guaranteeing its accuracy.  

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Pre-existing medical conditions, aggravation and the burden of proof

By robert / February 18, 2018 / Comments Off on Pre-existing medical conditions, aggravation and the burden of proof

TORTS – negligence – apportionment of responsibility and damages – medical negligence – whether pre-existing condition was progressively deteriorating – whether causation was established – whether assessment of damages could be challenged – challenges to findings of fact and damages dismissed

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Causation in equity

By robert / May 15, 2017 / Comments Off on Causation in equity
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S 5E Civil Liability Act, Watts v Rake and Purkess v Crittenden

By Robert Sheldon / November 29, 2015 / Comments Off on S 5E Civil Liability Act, Watts v Rake and Purkess v Crittenden
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Causation: trade practices

By Robert Sheldon / September 4, 2015 / Comments Off on Causation: trade practices

TRADE PRACTICES – misleading and deceptive conduct under Trade Practices Act 1974 (Cth) – causation – whether legal causation established – dependent on purpose of statute as related to the circumstances of the particular case

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