First Principles of Business Law

Remedies in tort

3. Compensatory damages for personal injury

3.1.a.4. Medical expenses

 

 

 

Medical, hospital and nursing expenses incurred before the trial are easy to ascertain and form part of the plaintiff's special damages. Estimating future costs of this type involves many of the same problems as in the calculation of lost earning capacity. On what basis do the courts quantify damages under this head? The amount will vary considerably depending on the level at which care and treatment are to be provided.

The general principle is that 'such expenses as the plaintiff may reasonably incur should be recoverable from the defendant'.

 Sharman v Evans (1977) 138 CLR 563.

Arthur Robinson (Grafton) Pty Ltd v Carter (1968) 122 CLR 649.

 

 

 

 

 

 

 

 

 

 

 

 

Page 1 2 3 4 5 6
Go to the next topic Go to the previous topic Go to the list of topics Choose another module