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CIVIL LAW (WRONGS) ACT 2002 - SECT 100

Damages for loss of capacity to perform domestic services

    (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).

    (3)     In this section:

"wrong" means an act or omission (whether or not an offence)—

        (a)     that gives rise to a liability in tort; or

        (b)     that amounts to a breach of a contractual duty of care that is concurrent and coextensive with a duty of care in tort.



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