acc

Question 1

Falwasser

Answer 1

pepper spray caused injury so barred from common law case

Question 2

Allenby

Answer 2

pregnancy caused by medical misadventure could be a personal injury

Question 3

Calver

Answer 3

mesothelioma could be considered PI as it has physical impacts on body

Question 4

Van Soest

Answer 4

claim for directly related to personal injury so could not make common law claims

Question 5

Robertson

Answer 5

where P cannot distinguish mental injury from physical injury claim will fail

Question 6

Fenton

Answer 6

Accident is a mishap or untoward event not expected or designed

Question 7

Hornby

Answer 7

mental injury that makes symptoms worse doesn’t count

Question 8

Atkinson

Answer 8

treatment injury must be linked to treatment

Question 9

ACC v J

Answer 9

once pregnancy is over claim is over

Question 10

Donselaar

Answer 10

exemplary damages are awarded when conduct is so outrageous that compensation alone is inadequate

Question 11

Couch

Answer 11

focus was on defendant’s behaviour not Ps injury
conduct should be “advertent or reckless misconduct”