What matters must a Court take into account in determining whether a defendant owed a duty of care to a plaintiff to avoid causing him or her to suffer mental harm of nervous shock?

S32 of the Civil Liability Act says there is no duty of care unless the defendant ought to have foreseen that a person of normal fortitude might in the circumstances suffer a recognised psychological/psychiatric injury. Circumstances include whether the harm was caused by sudden shock; the plaintiff witnessed the injury/death...

Is a claimant allowed to make a statement in court to that effect that, had s/he received prior warning of a risk that the claimed injury could have resulted from a medical procedure s/he would have decided not to have the procedure?

The Civil Liability Act makes this statement inadmissible. Statements that are against the interest of the person making the statement are allowed only. This publication is not legal advice. It is intended as a source of information only. No reader should act on any matter without first obtaining professional advice.

What is meant by the term “vicissitudes of life”? How does the Court take into account the vicissitudes of life when assessing damages for future economic loss?

Vicissitudes are changes that may occur in future and cause or result in loss even in the absence of the accident or injury on which the claim is based. A discount is applied to compensation for the chance that loss would have occurred even if the injury had not occurred...

Why does the court apply a discount rate to future economic loss compensation in negligence claims such as motor accident claims and public liability claims?

To ensure the injured claimant receives money for this future economic loss compensation at its present value and not get a capital gain. This publication is not legal advice. It is intended as a source of information only. No reader should act on any matter without first obtaining professional advice.