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Chapter 7: Compensation for personal injury and death

Chapter 7: Compensation for personal injury and death

pp. 221-260

Authors

, University of Melbourne, , University of Sussex
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Extract

This chapter explores rules on compensation that are peculiar to cases involving personal injury or death. The wrongful act is usually a tort, but it may also be a breach of contract1 or a statutory wrong. It is assumed that the claim is not excluded by statute; some exclusions are mentioned. This chapter does not discuss rules on compensation that apply to personal injury as well as other types of harm. Those rules are discussed in Part 1 and in the other chapters of Part 2. Furthermore, this chapter, like the rest of Part 2, is concerned only with ‘normal’ compensation. Aggravated damages, which may be awarded in cases of personal injury (and other cases), are discussed in Ch 15.

Keywords

  • legislation
  • statutory compensation
  • personal injury
  • pecuniary loss
  • non-pecuniary loss
  • benefits
  • claims
  • actions on death
  • loss
  • civil liability

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