99Tariffs for damages for non-economic loss

99 Tariffs for damages for non-economic loss (1) In deciding damages for non-economic loss, a court may refer to earlier decisions of that or other courts for the purpose of establishing the appropriate award in the proceeding. (2) For that purpose, the parties to the proceeding or their lawyers may bring the court’s attention to awards of damages for non-economic loss in those earlier decisions. (3) This section does not change the rules for deciding other damages. non-economic loss includes the following: (a) pain and suffering; (b) loss of amenities of life; (c) loss of expectation of life; (d) disfigurement. Note Under the Motor Accident Injuries Act 2019, the only damages that may be awarded for non-economic loss are damages for loss of quality of life (see that Act, s 242).

Part 7.2 Loss of capacity to perform domestic services Part 7.2 Loss of capacity to perform domestic services 100 Damages for loss of capacity to perform domestic (1) A person’s liability for an injury suffered by someone else because of a wrong includes liability for damages for any resulting impairment or loss of the injured person’s capacity to perform domestic services that the injured person might reasonably have been expected to perform for his or her household if the injured person had not been injured. (2) In an action for the recovery of damages mentioned in subsection (1), it does not matter— (a) whether the injured person performed the domestic services for the benefit of other members of the household or solely for his or her own benefit; or (b) that the injured person was not paid to perform the services; or (c) that the injured person has not been, and will not be, obliged to pay someone else to perform the services; or (d) that the services have been, or are likely to be, performed (gratuitously or otherwise) by other people (whether members of the household or not). (a) that gives rise to a liability in tort; or

Contributory negligence Part 7.3