sec.59CProvisions for assessment of section 59A damages

### sec.59C Provisions for assessment of section 59A damages In deciding, for section 59A , the value of any gratuitous domestic services that an injured person has lost the capacity to provide to the recipient, the court must take into account— the extent of the injured person’s capacity to provide the services before the relevant time under section 59A ; and the extent to which provision of the services would, if not for the injury sustained by the injured person, have also benefited persons outside the injured person’s household; and the vicissitudes or contingencies of life for which allowance is ordinarily made in the assessment of damages. Section 59A damages must be assessed on the injured person’s life expectancy immediately before the relevant time under section 59A . However, if the injured person’s life is shortened by an unrelated event, section 59A damages can not be awarded for any period after the person’s death. a life-limiting illness first suffered after the breach of duty happened In deciding the amount of section 59A damages, if any, to be awarded to the injured person for a loss of capacity mentioned in section 59A , a court— may only award damages for that loss as provided under section 59A ; and must not include in any general damages awarded to the injured person a component that compensates the person for the loss of that capacity. s 59C ins 2010 No. 9 s 10 (sec.59C-ssec.1) In deciding, for section 59A , the value of any gratuitous domestic services that an injured person has lost the capacity to provide to the recipient, the court must take into account— the extent of the injured person’s capacity to provide the services before the relevant time under section 59A ; and the extent to which provision of the services would, if not for the injury sustained by the injured person, have also benefited persons outside the injured person’s household; and the vicissitudes or contingencies of life for which allowance is ordinarily made in the assessment of damages. (sec.59C-ssec.2) Section 59A damages must be assessed on the injured person’s life expectancy immediately before the relevant time under section 59A . (sec.59C-ssec.3) However, if the injured person’s life is shortened by an unrelated event, section 59A damages can not be awarded for any period after the person’s death. a life-limiting illness first suffered after the breach of duty happened (sec.59C-ssec.4) In deciding the amount of section 59A damages, if any, to be awarded to the injured person for a loss of capacity mentioned in section 59A , a court— may only award damages for that loss as provided under section 59A ; and must not include in any general damages awarded to the injured person a component that compensates the person for the loss of that capacity. - (a) the extent of the injured person’s capacity to provide the services before the relevant time under section 59A ; and - (b) the extent to which provision of the services would, if not for the injury sustained by the injured person, have also benefited persons outside the injured person’s household; and - (c) the vicissitudes or contingencies of life for which allowance is ordinarily made in the assessment of damages. - (a) may only award damages for that loss as provided under section 59A ; and - (b) must not include in any general damages awarded to the injured person a component that compensates the person for the loss of that capacity.