LLB102 Lecture Notes - Lecture 11: Csr Limited, Damages, Disfigurement
Document Summary
Lecture 11 - assessment of damages for personal injury. Place the plaintiff in the position as if no tort had been committed. An award of damages should not enrich the plaintiff, nor should the plaintiff be under compensated. The categories of loss an injured plaintiff may claim: *csr ltd v eddy. Eg, past hospital & medical expenses; past loss of earning capacity. Pecuniary relate to future economic losses. Eg, future loss of earning capacity; future hospital & medical expenses; gratuitous services. Non-pecuniary relate to things that are not economic (past and future), assessed under the civil liability act 2003. Eg, pain and suffering, loss of amenities etc. Assessed from date of accident to trial/settlement. Assessed from date of trial/settlement to expected recovery/death. 40% chance of operation means 40% of the cost is awarded. Plaintiff may claim for gratuitous services provided to them: *griffiths v kerkemeyer. The need arise solely from the plaintiff arising from the accident.
