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Complete Tort Notes
37 Pages • Complete Study Notes • Year: Pre-2018
Compensation: • Function of tort law is seen to be compensation for people who are injured by a wrong • When damages are awarded, they are done so under the basis he or she will be placed in the same position that they would have been if the accident had not happened • Use of tort of negligence as a regulatory framework for compensation is clearly inadequate • Even large sums of money seem to run out on the basis of not being able to predict the future e.g The case of Gillian Thurston awarded $138,000, 8 years later was not enough to pay for nursing • Common law rules that damages must be paid as a lump sum • Tort law requires the injured person to be able to prove that someone else caused the harm. • 41.8% of people injured health service area (complications of surgery) • 20.07% injured at home/residential institution • Victoria, motor accident scheme is a no-fault scheme • These schemes usually result in lesser amounts of compensation
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