LLB102 Lecture Notes - Lecture 8: Gett, Wrongful Life, Anger
Document Summary
If tumour was discovered earlier, 40% of brain damage could be avoided: trial judge in favour of plaintiff, high court held is wasn"t recoverable. "loss of chance of a better medical outcome is not recognised under australian law: unrecognised damages, damage too vague to assess, reputation for negligence not recognised. "wrongful life" cases: associated with illegality (meadows v ferguson 1961, fright, anguish, grief (tame; annetts, vexation, being annoyed or frustrated etc. Could think about suing in trespass instead: loss/damage must have been caused by breach of duty (factual. If causation is 60%, then p is compensated 100% D"s act or omission cause p"s damage, if the damage would not have occurred but for that act or omission. If p still would have suffered harm, then d has not caused it: strong v woolworths, p"s crutches slipped on greasy chip on floor outside big w (under care and control of.
