Critically evaluate the damages regime which awards compensation for

<p> <span style="color: black">Question: (5750 words)</span> <span style="color: black">Critically evaluate the damages regime which awards compensation for </span> <span style="color: black">personal injury. To what extent is the law’s model for calculating such </span> <span style="color: black">damages a gendered construct?</span> <span style="color: black"> </span> <span style="color: black">•       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! *</span> <span style="color: black"> </span> <span style="color: black">•       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)</span> <span style="color: black"> </span> <span style="color: black">Criteria:</span> <span style="color: black"> </span> <span style="color: black">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)</span> <span style="color: black"> </span> <span style="color: black">P.S. this is Australia (New South Wales) assignment, so please refer to </span> <span style="color: black">correct New South Wale’s legal resources. DON”T put in US/UK/ </span> <span style="color: black">Melbourne/Victoria’s resources, especially for legislation. Because </span> <span style="color: black">the legislation in different States is different!!! HAS to be New South </span> <span style="color: black">Wales!!</span> <span style="color: black"> </span> <span style="color: black"> </span> <span style="color: black">In case the writer is not sure how to write a proper Australia law </span> <span style="color: black">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.</span> <span style="color: black"> </span> <span style="color: black">B) Avoid plagiarism</span> <span style="color: black"> </span> <span style="color: black">P.S. It’s my university’s policy that all our papers have to be </span> <span style="color: black">scanned after handing in. Therefore, any plagiarism will get caught for </span> <span style="color: black">sure. Please don’t’ copy anything at all.</span> <span style="color: black"> </span> <span style="color: black">C) Brief Steps to answer the question:</span> <span style="color: black"> </span> <span style="color: black">1.      Introduction (which includes an argument that you are going to write for in the essay)</span> <span style="color: black"> </span> <span style="color: black">2.      (1st main part of the question) Talk about the damages regime which awards compensation for personal injury in New South Wales and do </span> <span style="color: black">research about how other people think about the regime, combine those comments and then critically evaluate them</span> <span style="color: black"> </span> <span style="color: black">This is what my lecturer said : “damages regime” can mean whatever you </span> <span style="color: black">define it to mean.  I think that it would as you suggest be legitimate </span> <span style="color: black">to just limit to the common law framework, as supplemented by the Civil </span> <span style="color: black">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)</span> <span style="color: black"> </span> <span style="color: black">Although there are lots of damages regime, please focus MAINLY ONLY on </span> <span style="color: black">these legislation: Civil Liability Act 2002 (and Regulations); Civil </span> <span style="color: black">Liability Amendment (Personal Responsibility) Act 2002; Legal Profession Amendment (Personal Injury Advertising) Regulation 2003 )</span> <span style="color: black"> </span> <span style="color: black">Also, for the factors that determine the damages, the followings are </span> <span style="color: black">some of the factors that I copied from the textbook:</span> <span style="color: black"> </span> <span style="color: black">a)      Loss of earning capacity (ie. case:Arthur Robinson(Grafton) Pty Ltd v Carter (1968) 41 ALJR 327; Medlin v State Government Insurance </span> <span style="color: black">Comm8ission (1995) 182 CLR 1, Sharman v Evans (1977) 138 CLR 563 etc)</span> <span style="color: black"> </span> <span style="color: black">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)</span> <span style="color: black"> </span> <span style="color: black">c)      Loss of earning capacity in the ‘lost years’ (ie. case: </span> <span style="color: black">Sharman v Evans (1977) 138 CLR 563</span> <span style="color: black"> </span> <span style="color: black">d)      Loss of domestic capacity (ie. Burnicle v Cutelli (1982) 2 NSWLR 26, etc)</span> <span style="color: black"> </span> <span style="color: black">e)      Loss of capacity to enjoy life (ie. case: Sharman v Evans)</span> <span style="color: black"> </span> <span style="color: black">f)      Needs created by the injury (ie.l Sharman v Evans)</span> <span style="color: black"> </span> <span style="color: black">g)      The trauma itself and consequential physical and mental hurt (ie. Ralevski v Dimonsvski (1986) 7 NSWLR 487; Sharman v Evans)</span> <span style="color: black"> </span> <span style="color: black">h)      Loss of life expectancy (ie. sharman v Evans)</span> <span style="color: black"> </span> <span style="color: black">i)      Collateral benefits</span> <span style="color: black"> </span> <span style="color: black">I copied all of these factors from my textbook, I hope this is going to </span> <span style="color: black">help. And please do more research under each factors and then research </span> <span style="color: black">the comments made by various people and what do they think about these </span> <span style="color: black">damages regime. Then combine all their ideas, then start critically evaluate the regime.</span> <span style="color: black"> </span> <span style="color: black"> </span> <span style="color: black">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 </span> <span style="color: black">(Personal Responsibility) Act 2002; Legal Profession Amendment (Personal Injury Advertising) Regulation 2003 ) to make up all those information!</span> <span style="color: black"> </span> <span style="color: black">4.      Conclusion</span> <span style="color: black"> </span> <span style="color: black">D) Footnote</span> <span style="color: black"> </span> <span style="color: black">It is important to put in footnote for referencing, if the writer is </span> <span style="color: black">not sure what kind of footnote is required, please refer to the uploaded file </span> <span style="color: black">– example of law paper</span> <span style="color: black"> </span> <span style="color: black"> </span> <span style="color: black">E) Things that I’m going to upload</span> <span style="color: black">(I’ll email this to you guys, so please open these 2 files up before </span> <span style="color: black">start doing the paper, thank you)</span> <span style="color: black"> </span> <span style="color: black">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.</span> <span style="color: black"> </span> <span style="color: black">2) I’ll also upload a copy of this instruction document.</span> <span style="color: black"> </span> <span style="color: black"> </span> <span style="color: black">F) As a start, the following are the resources that you can have a look </span> <span style="color: black">before doing any further research:</span> <span style="color: black"> </span> <span style="color: black"> </span> <span style="color: black"> </span> <span style="color: black"> </span> <span style="color: black"> </span> <span style="color: black"> </span> <span style="color: black"> </span> <span style="color: black"> </span> <span style="color: black">Book</span> <span style="color: black">Michael Tilbury, Michael Noone, Bruce Kercher</span> <span style="color: black">Remedies (Commentary and Materials) 4th edition</span> <span style="color: black">Lawbook Co. Casebook</span> <span style="color: black">Thomson, Lawbook Co.</span> <span style="color: black"> </span> <span style="color: black">If you could find this book, the topic that the essay is under is on </span> <span style="color: black">paragraph (3.150-3.400)</span> <span style="color: black"> </span> <span style="color: black"> </span> <span style="color: black">Other Resources</span> <span style="color: black"> </span> <span style="color: black">Other sources of electronic information also contain material relevant </span> <span style="color: black">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)</span> <span style="color: black">-Austlii</span> <span style="color: black">-Westlaw</span> <span style="color: black">-Lexis</span> <span style="color: black"> </span> <span style="color: black"> </span><br /><p class="MsoNormal" style="line-height: 200%"><font face="Arial"> </font></p><br /><p></p><br /><p><br />Credit:ivythesis.typepad.com</p><br />

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 ...

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