Week 2 Compensation Under Support Schemes Outside Of Tort Law

Question 1

Can a tort law action be brought without an infringement of the plantiffs interest?

Answer 1

No

Question 2

What are some deficiencys in compensation via tort law?

Answer 2

Litigation cost, Difficulty with proof, delay, lump sum payments

Question 3

When compared to the alternative fault compensation schemes, compensation for negligence is a;

Answer 3

High risk high return process

Question 4

Monetary compensation is an example of a

Answer 4

Substitutionary remedy

Question 5

Why might the fault based system of compensation for injuries seem arbitrary given the most potential D’s are insured against the risk of liability in tort?

Answer 5

Because often, the at fault D doesn’t personally compensate the P for the harm they have caused, it is the D’s insurer who compensates the P

Question 6

True or False: The national disability insurance scheme (NDIS) extinguishes the right to sue at common law

Answer 6

False

Question 7

What is a substituationary remedy?

Answer 7

A remedy that subsitutes money for the thing that has been lost or damaged.

Question 8

Fagan v Crimes compensation tribunal (1982) stands for what proposition

Answer 8

Persons claiming under the victims of crime assistance scheme are not required to demonstrate that their injury was forseeable

Question 9

What is a benefit of alternative compensation schemes over the tort law system?

Answer 9

There is no reduction in the P’s entitlement because of the P’s contributory negligence

Question 10

In what circumstance can a person covered by the Transport act 1986 (vic) also bring a tort law action?

Answer 10

While they have at least a 30% impairment of bodily function

Question 11

True of false: No faultl compensation schemes provide compensation regardless of a P’s ability to prove a D’s fault

Answer 11

True

Question 12

Does the Workplace injury rehabilitation compensation Act 2013 (vic) allow an injured worker to sue for compensation in the tort of negligence

Answer 12

Yes but only if the injury is “serious”

Question 13

Who bears the risk of future uncertainty in the fault based tort law system?

Answer 13

The injured party

Question 14

True or false: An award of assistance under the victoms of crime assistance act 1996 (vic) Prevents the victom from also bringing a tort action

Answer 14

False

Question 15

What are nominal damages?

Answer 15

A token sum, awarded as recognition of the interference with the P by the D where the P has not suffered any significant injury

Question 16

True of false: The Transport act 1986 (vic) requires the death or injurt be caused by, or arise out of, the use of a motor vehicle

Answer 16

True