Tort Law - Negligence

Statutes - Australian Capital Territory

The statutory law in the Australian Capital Territory as to negligence is governed by the Civil liability (Wrongs) Act 2002 (ACT).  The key sections of the Act are presented hereunder in summary form with further explanations as needed:

 

Section 5 – Protection of Good Samaritans from Liability

A Good Samaritan is a person who volunteers aid to another, or who gives professional medical advice for free, to a person suffering harm or at risk of such. They are not liable for any act or omission in the course of giving assistance or advice, as long as they are honest and not reckless in their act or omission. This does not apply if their ability was impaired by a recreational drug.

 

Section 14 – Effect of an Apology on Liability etc

An apology made in respect of any matter alleged to have been caused by them does not constitute an admission of fault and is not to be used in determining fault or liability.

 

Section 33 – Personal Injury Arising from Mental or Nervous Shock

This section confirms that a person can sue for damages for a mental disorder arising on its own, or in response to a physical injury....

 

ORDER FOR FULL TEXT.

 

 

Section 34 – Mental Harm – Duty of Care
 
Section 35 – Mental Harm – Damages
 
 
Section 42 – Standard of Care
 
Section 43 – Precautions against Risk – General Principles
 
 
Section 45 – Causation – General Principles
 
Section 47 – Contributory Negligence can Defeat Claim
 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
 
 
 
 
 
 
 
 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Section 34 – Mental Harm – Duty of Care

 

 

Section 35 – Mental Harm – Damages

 

Section 42 – Standard of Care

 

Section 43 – Precautions against Risk – General Principles

 

Section 45 – Causation – General Principles

 

Section 47 – Contributory Negligence can Defeat Claim