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Compensation for the loss of financial benefits as a result of a shortening of life
Version 2 2023-06-12, 09:12
Version 1 2023-06-09, 19:23
journal contribution
posted on 2023-06-12, 09:12 authored by Sirko HarderSirko HarderPersonal 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.
History
Publication status
- Published
File Version
- Published version
Journal
Monash University Law ReviewISSN
0311-3140Publisher
Monash UniversityIssue
3Volume
45Page range
663-694Department affiliated with
- Law Publications
Full text available
- No
Peer reviewed?
- Yes
Legacy Posted Date
2019-11-11First Open Access (FOA) Date
2020-03-05First Compliant Deposit (FCD) Date
2019-10-17Usage metrics
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