Here you will find both extended and summarised torts law notes for the entire Monash University topic (Both Torts A and Torts B).
The summary notes are an excellent exam help, with steps to work out whether a particular tort is found in a problem question, and relevant precedent and case citations for that HD answer. They are short enough for use in an exam, but detailed enough that you will never miss a point.
The extended provide comprehensive information about all areas of the subject...
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Personal Injury Compensation
Damages
First determine what type of damages to award
Compensatory Damages
Key Principle One: Compensatory damages are designed to put P in the same position as if he had not sustained the injuries due to the negligence of D Todorovic v Waller
Key Principle Two: Once and for all rule, that is, one damages are assessed, that is the end of the matter
The award is final; it is not susceptible to review. It will estimate the future and that will always been wrong so it would be too much of a hassle to review it all the time Camden & Islington Area health Authority
Exceptions and reforms to counteract difficulties:
Periodical payments
Interim payment
Provisional (payments re-assed on the occurrence of an event)
Key Principle Three: Method of assessment
Pecuniary: loss of earning capacity over the ‘lost years’, other calculable expenses
Future earning
Will be based on what the P was earning at the time of the injury
When this is difficult (eg. the P is a child) various methods are employed, making deductions for tax and a 15% deduction for contingencies
Medical Expenses
Must be proved with receipts
The court must decide what future medical expenses should be paid for
The Health Insurance Commission will lend P the money, if they don’t win damages they must pay it back
Non-pecuniary (see limitations) non-financial loss due to pain and suffering; loss of enjoyment or amenities of life; loss of expectation of life
It encompasses all feelings associated with injury and subsequent treatment Sharman v Evans
Unconscious P cannot recover as they felt no pain or suffering Skelton v Collins
Third parties
In some circumstances, P may claim damages for service provided free or gratuitously by a third party Griffith v Kirkemeyer
Included commercial cost of nursing, and caring and cleaning by mother
Damages are probably not allowed in situations where P was unable to provide gratuitous help to another
Supported in Sullivan v Gordon
Rejected in CSR v Eddy by High Court
Aggravated Damages
Given by way of compensation for injury to the P which may be intangible resulting from the manner of wrongdoing by the D
They are awarded for injury to the P’s feelings caused by insult, humiliation and the like Lamb v Cotogno
Exemplary Damages
Where D’s conduct was so outrageous that the court regards the award of compensatory damages as inadequate to punish and deter D or to deter others
Must show the conduct of D was ‘high-handed insolent, vindictive or in some other way exhibited a contumelious disregard of the P’s rights’ Uren v John Fairfax & Sons Ltd. Must be evidence of some positive misconduct
Right to claim exemplary damages excluded in Vic:
See survival or actions
Motor vehicle accidents
Will the damages be specific or general
Specific
Cover compensation for monetary loss actually suffered and expenditure actually incurred
They are assessed only up until the date of verdict
They can be measured, calculated with accuracy
General
Cover non-pecuniary losses that of their very nature are very difficult to calculate in mathematical terms
May be assessed not in reference to a definite time period, but in relation to an indefinite future
Limitations on damages – non-economic loss Division VBA Wrongs Act
Non-economic loss means pain and suffering; loss of amenities of life or loss of enjoyment of life S 28 LB
A person is not entitled to recover damages for non-economic loss unless the person has suffered significant injury S 28 LE
S 28 LF 1 an injury is a significant injury if (other than a psychiatric injury):
(a) The degree of...
Buy the full version of these notes or essay plans and more in our Torts Law Notes.
Here you will find both extended and summarised torts law notes for the entire Monash University topic (Both Torts A and Torts B).
The summary notes are an excellent exam help, with steps to work out whether a particular tort is found in a problem question, and relevant precedent and case citations for that HD answer. They are short enough for use in an exam, but detailed enough that you will never miss a point.
The extended provide comprehensive information about all areas of the subject...
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