LLB102 Lecture Notes - Lecture 9: Wrongful Life, Anger, Nervous Shock In English Law
Document Summary
Damage is the gist of the action. Damage to plaintiff is proved and linked, by causation, to the fault of the defendant. Has been recognised in some pure economic loss claims (a solicitor"s failure to institute legal proceedings within the time period) Compare with physical injury/medical negligence (lost change of a better medical outcome) *tame v nsw*, *annetts v australian stations pty ltd* Plaintiff must prove that their damage was caused by the defendant"s wrongful act or omission. Plaintiff must establish factual causation on the balance of probabilities: *tavet v gett* >50% likelihood that defendant"s breach caused plaintiff"s damage (60% basis then 100% compensation, 40% basis then 0% compensation) A question of fact, but the test applied is a legal test. Now: civil liability act 2003 (qld), s 11. Act applies to breaches on/after 2 december 2002. Generally has not changed the common law. Start with s 11 (not the common law) Then use case law to interpret the section.
