![]() Although less restrictive in approach than English law and practice, awards of exemplary damages are relatively small and New Zealand courts have shown a determination to keep them modest. New Zealand case law on exemplary damages is otherwise derived from English law but is less restrictive regarding the circumstances in which an award may be made. Because of the accident compensation procedural bar to pursuing compensatory damages for personal injury, it is possible in such cases to pursue and obtain an award of damages which is purely punitive or exemplary. This is in addition to what is necessary to compensate the plaintiff for loss. Exemplary or Punitive DamagesĪs with many other common law countries, New Zealand courts may award to a plaintiff an amount intended solely to punish the defendant for outrageous conduct (exemplary damages). In addition, claims for some forms of medical misadventure and in some circumstances for nervous shock/mental injury may be pursued because of limitations in the extent of the statutory cover. Claims for exemplary damages only (because they are not compensatory in nature) may be pursued. There are exceptions to the statutory bar to civil actions for personal injury. The scheme operates on the basis that a person who has cover under the Act is entitled to the compensation under the Act (irrespective of the value of that cover) and nothing from the person who caused the injury. The bar prevents claims if there is cover, irrespective of the amount of compensation which the injured party receives. It cannot bring subrogated claims against the person who caused the injury. The bar prevents claims not only by the person injured but also by the Corporation after it has paid compensation to the injured person. The bar to civil claims protects not just the person who caused the injury but also any indemnifier of that person. The statutory bar to proceedings means that there is no civil liability in New Zealand for most personal injuries. If there is cover for personal injury or death under the legislation, no civil claim for compensation may be brought in the courts. The scheme provides cover for accidents suffered on a "no fault", "no blame" basis. The injured party may not initiate litigation but rather must file a claim with the Accident Compensation Corporation. ![]() With some special exceptions and qualifications, the scheme essentially provides a system of state compensation for people who suffer personal injury by accident irrespective of whether the injury was suffered at work, or on the roads, or at home, and irrespective of whether it was the fault of the injured party, or the fault of any other party. The single most peculiar feature of the New Zealand legal system is its accident compensation legislation which bars most forms of personal injury litigation. ![]() The development of New Zealand case law has been heavily influenced by decisions from higher courts in other common law jurisdictions, in particular, England, Australia and Canada Personal Injury Liability: Accident Compensation Since that time, however, New Zealand has developed its own statute and case law which, although similar to English law, does diverge in a number of important respects. In 1908 New Zealand imported into its legal system all of the statutes that existed in England as at 14 January 1840. We censor the word d*ngus once.The New Zealand legal system is based on the common law and has its roots in English law. Most family friendly zombie apocalypse game on the market! Any gore explosion is in a cute style.Get your characters strong enough to throw large sofas. Get different options and results based on the traits of your party members. Make tough choices in Interactive Fiction events.Find special and rare events, weapons, and characters with strange abilities.Have them show up at random to get eaten! ![]()
0 Comments
Leave a Reply. |
Details
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |