Critically evaluate the damages regime which awards compensation for

Question: (5750 words)

Critically evaluate the damages regime which awards compensation for 

personal injury. To what extent is the law's model for calculating such 

damages a gendered construct?

•       Critically evaluate = needs to write this research essay in depth, needs more thinking and research before writing this essay. Content has to be in depth, not asking for the general information, asking for deep thinking! *

•       This is what my lecturer said : "damages regime" can mean whatever you define it to mean.  I think that it would as you suggest be legitimate to just limit to the common law framework, as supplemented by the Civil Liability Act. (so I guess focus mainly on Civil Liability Act when answering the question, but if you want to put in order legislation that is related to the question, it’ll be ok, as long as it’s in common law)

Criteria:

A) In order to answer law question, it is important to back up everything that you write by referring to various Law journals, articles, etc and also legislation and cases (cases are very very important to back up any argument or answering any law questions)

P.S. this is Australia (New South Wales) assignment, so please refer to 

correct New South Wale’s legal resources. DON”T put in US/UK/ 

Melbourne/Victoria’s resources, especially for legislation. Because 

the legislation in different States is different!!! HAS to be New South 

Wales!!

In case the writer is not sure how to write a proper Australia law 

essay, I’ll upload my previous law paper to you as reference. Please have a look at it before writing the paper. Please make sure that all the things that you are trying to write HAVE to back up by legislation, cases, law articles, law journals, etc.

B) Avoid plagiarism

P.S. It’s my university’s policy that all our papers have to be 

scanned after handing in. Therefore, any plagiarism will get caught for 

sure. Please don’t’ copy anything at all.

C) Brief Steps to answer the question:

1.      Introduction (which includes an argument that you are going to write for in the essay)

2.      (1st main part of the question) Talk about the damages regime which awards compensation for personal injury in New South Wales and do 

research about how other people think about the regime, combine those comments and then critically evaluate them

This is what my lecturer said : "damages regime" can mean whatever you 

define it to mean.  I think that it would as you suggest be legitimate 

to just limit to the common law framework, as supplemented by the Civil 

Liability Act.”  (so I guess focus mainly on Civil Liability Act when answering the question, but if you want to put in order legislation that is related to the question, it’ll be ok, as long as it’s in common law)

Although there are lots of damages regime, please focus MAINLY ONLY on 

these legislation: Civil Liability Act 2002 (and Regulations); Civil 

Liability Amendment (Personal Responsibility) Act 2002; Legal Profession Amendment (Personal Injury Advertising) Regulation 2003 )

Also, for the factors that determine the damages, the followings are 

some of the factors that I copied from the textbook:

a)      Loss of earning capacity (ie. case:Arthur Robinson(Grafton) Pty Ltd v Carter (1968) 41 ALJR 327; Medlin v State Government Insurance 

Comm8ission (1995) 182 CLR 1, Sharman v Evans (1977) 138 CLR 563 etc)

b)      Dealing with con tangencies in assessing loss of earning capacity (ie. positive and negative contingencies which are taken into account assessing this had of loss must relate to the facts of each case.) (also, ie. s14(1) Civil Liability Act 2002 says ‘If an award of damage is include any component, assessed as a lump sum, for future economic loss of any kind, the present value of the future loss is to be determined by adopting the prescribed discount rate’ – ie. case: Wynn v NSW Insurance Ministerial Corporation)

c)      Loss of earning capacity in the ‘lost years’ (ie. case: 

Sharman v Evans (1977) 138 CLR 563

d)      Loss of domestic capacity (ie. Burnicle v Cutelli (1982) 2 NSWLR 26, etc)

e)      Loss of capacity to enjoy life (ie. case: Sharman v Evans)

f)      Needs created by the injury (ie.l Sharman v Evans)

g)      The trauma itself and consequential physical and mental hurt (ie. Ralevski v Dimonsvski (1986) 7 NSWLR 487; Sharman v Evans)

h)      Loss of life expectancy (ie. sharman v Evans)

i)      Collateral benefits

I copied all of these factors from my textbook, I hope this is going to 

help. And please do more research under each factors and then research 

the comments made by various people and what do they think about these 

damages regime. Then combine all their ideas, then start critically evaluate the regime.

3.      (2nd Main part of the question) To what extent is the law's model for calculating such damages a gendered construct (ie. compare how male and female may get different compensation, etc) – ) – make sure there are cases, journals, legal articles and legislation (ie. Civil Liability Act 2002 (and Regulations); Civil Liability Amendment 

(Personal Responsibility) Act 2002; Legal Profession Amendment (Personal Injury Advertising) Regulation 2003 ) to make up all those information!

4.      Conclusion

D) Footnote

It is important to put in footnote for referencing, if the writer is 

not sure what kind of footnote is required, please refer to the uploaded file 

– example of law paper

E) Things that I’m going to upload

(I’ll email this to you guys, so please open these 2 files up before 

start doing the paper, thank you)

1)      In case the writer is not sure how to write a proper Australia law essay, I’ll upload my previous law paper to you as reference. Please have a look at it before writing the paper. Please make sure that all the things that you are trying to write HAVE to back up by legislation, cases, law articles, law journals, etc.

2) I’ll also upload a copy of this instruction document.

F) As a start, the following are the resources that you can have a look 

before doing any further research:

Book

Michael Tilbury, Michael Noone, Bruce Kercher

Remedies (Commentary and Materials) 4th edition

Lawbook Co. Casebook

Thomson, Lawbook Co.

If you could find this book, the topic that the essay is under is on 

paragraph (3.150-3.400)

Other Resources

Other sources of electronic information also contain material relevant 

to restitution and unjust enrichment.  The library allows access to: (they are all free assess law internet, good website for you to find cases and legislation to back up everything that you are going to write)

-Austlii

-Westlaw

-Lexis