Compensation for the loss of financial benefits as a result of a shortening of life

Harder, Sirko (2020) Compensation for the loss of financial benefits as a result of a shortening of life. Monash University Law Review, 45 (3). pp. 133-164. ISSN 0311-3140

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Abstract

Personal injury resulting from a civil wrong may reduce the injured person’s life expectation. An injured person who would have worked during the lost years has lost earning capacity, which is compensable if judgment is obtained in the injured person’s lifetime. An injured person who would not have worked during the lost years (in particular a retiree) has not lost remuneration for work done during the lost years but may have lost other income that would have been received during the lost years, for example a pension. This article investigates whether the loss of such other income should be compensable if judgment is obtained in the injured person’s lifetime. The focus is on the loss of pension payments, which was considered by the High Court of Australia in Amaca Pty Ltd v Latz.

Item Type: Article
Keywords: Australia, damages, loss of financial benefits, pension, personal injury, shortening of life, superannuation
Schools and Departments: School of Law, Politics and Sociology > Law
Subjects: K Law > K Law in General. Comparative and uniform Law. Jurisprudence > K0520 Comparative law. International uniform law > K0600 Private law
Depositing User: Sirko Harder
Date Deposited: 11 Nov 2019 13:01
Last Modified: 05 Mar 2020 10:45
URI: http://sro.sussex.ac.uk/id/eprint/87267

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