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Comprehensive Australian Programme of Law Reform - Essay Example

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Comprehensive Australian Programme of Law Reform (Name) (University) (Course) (Tutor) (Date) Table of Contents Table of Contents 2 1.0Introduction 3 2.0The law reforms 4 2.1Establishing liability 4 2.1.1Contributory negligence and the assumption of risk 5 2.1.2Proportionate liability for economic claims 7 2.2Damages reforms 7 2.2.1Caps on professional liability 8 2.3Procedural reforms 9 2.3.1Limitation periods 9 2.3.2Pre-litigation procedures 9 2.3.3Legal conduct 10 2.3.4Legal costs 10 3.0Impact of these reforms to health system at a clinical and an administrative level 10 4.0Conclusion 11 References 12 1.0 Introduction The past decade has experienced enactment and implementation of the recom…
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Download file to see previous pages This move has been geared towards ensuring that the scope of potential liability is narrowed, for example through the limiting of personal liability borne by medical practitioners who give assistance to those people at a higher risk of injury or who need emergency medical help; and reducing the damages that may be awarded in such cases so as to confine the exposure of underwriters so that they could be able to give better and more affordable cover to those who need it. One important element to point out at this stage is the fact that most of these reforms actually did contrast with the recommendations put forward by the IPP Committee Report, which was in favour of national and uniform law response to the jurisdiction crisis on cases of liability, negligence and award of damages (Ellison, 2005). Indeed various governments that have come up since 2002 have tried to enact and implement law reforms that addressed liability, negligence, and damages. ...
2.0 The law reforms 2.1 Establishing liability The liability laws take into consideration the common law and statutes of federal and states governments. In these provisions, a person who is injured or has suffered a loss or otherwise incurred damage may institute an action aimed at compensation on the basis of the tort of common law of negligence that is based on fault; breach of contract; and breach of the provisions stipulated in the Australian Consumer Law that was effected in 2011 that replaced provisions of the Federal Trade Practices Act 1974 relating to product liability and safety of produce. In establishing the liability of a person in tort, the issue of foreseeability comes into play. A person has a duty of care to another person as per the law of tort. The defendant had a case to answer if he was in a position to see in advance reasonably, that the injured person would suffer loss or was at risk of doing so but the defendant failed to take necessary preventive action (Australian Government Treasury; 2002; 2004; Harlow, 2005). This component of contributory negligence is comprised of two components namely the foreseeability of risk relating to harm and a calculation of the level of negligence also called the ‘negligence calculus’. Based on the above provisions, a person is free from liability for failing to take precautions if the risk in question is unforeseeable and can be established as being so. To know whether a risk is foreseeable or not, it is provided that such a risk should not be so probable to an extent that any reasonable person or someone in his or her common senses would ignore it (Trowbridge & Deloitte, 2002). Having already established the aspect of ...Download file to see next pagesRead More
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