O 12 years from the defendants act or omission

Info icon This preview shows pages 43–45. Sign up to view the full content.

View Full Document Right Arrow Icon
o 12 years from the defendant’s act or omission alleged to have caused the injury. - Can request longer but very difficult. Section 23A: Court can extend the limitation period of personal injury if it is just and reasonable to do so. This can be requested, See Sections 23B and 24: - If there are multiple tortfeasors and P only sues one, D can sue the other D to get paid back some of the money. - D has to make sure the other causes are brought up in court. - P can sue ALL tortfeasors if they choose. 43 LIMITATION PERIODS CONTRIBUTION AND INDEMNITY OF TORTFEASORS
Image of page 43

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
- Apportionment of damages amongst tortfeasors is in proportion to their responsibility. Section 24AI: In property and economic loss cases, the plaintiff can sue one D for everything and the court will automatically apportion the damages. - The aim of damages is to restore the plaintiff to the position they were in before the tort. - Damages are a once off final payment that cannot be changed after ruling. GENERAL DAMAGES = For losses that can’t be proven precisely/courts have wide discretion (E.g. pain and suffering) SPECIAL LOSSES = For losses that can be proven precisely. (E.g. wages and medical costs). NON-PECUNIARY LOSSES = Losses not relating to money. PECUNIARY LOSSES = Losses relating to money. PECUNIARY LOSSES Hospital and Medical Care Expenses - Plaintiff will be awarded damages for the lowest reasonable cost not the actual cost. E.g. If cheaper to stay in hospital but P wants to stay at home but there is no medical benefit, D will pay hospital costs. - Compensation not for cost of care but for loss of ability to care for oneself. Loss of Earning Capacity - Not loss of wages but capacity to earn wages. - Courts will look at previous wages . - Plaintiff will be compensated for the actual cost not the reasonable cost but there is a cap. Section 28F(2): Courts can only award damages up to 3 times the average wage at the time of the award. - They give you your net wage not gross wage. - Courts may add 15% for change of circumstances . - Courts apply a 5% discount because the payment is lump and upfront . NON-PECUNIARY LOSSES Loss of Amenity - For loss of a limb the court will look at past cases. 44 DAMAGES
Image of page 44
- Depending on your strength/weakness you may get more or less for pain and suffering. - May get more amenity if you enjoy life more. Section 28G: Damages for pain and suffering limited to $372, 000. Life Expectancy Section 28LE: Can only claim for life expectancy if it is a significant injury . Section 28LF(1): Significant injury (same for psychiatric injury) is – (a) If the degree of impairment is approved by a medical practitioner as satisfying the threshold; (aa) a certificate of assessment has been issued; (b) A medical panel has determined that the degree of impairment satisfies the threshold; (c) the injury is loss of a foetus; (ca) the injury is psychological/psychiatric arising from loss of a child due to injury to the mother or foetus; (d) loss of a breast.
Image of page 45
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern