TY - JOUR
T1 - 'Plain Sailing'?
T2 - Damages for Distress under the ACL and the Performance Interest in Contract
AU - Bant, Elise
AU - Barnett, Katy
AU - Paterson, Jeannie Marie
PY - 2020
Y1 - 2020
N2 - The Civil Liability Act 2002 (NSW) (CLA) provides that damages for non-economic loss for ‘personal injury’ are limited to cases where the severity of the loss is at least 15 per cent of a most extreme case. In Moore v Scenic Tours Pty Ltd the High Court of Australia held unanimously that damages for disappointment and distress arising from failure to deliver the promised benefits of a holiday cruise tour contract are not precluded as damages for ‘personal injury’ by the CLA. In this respect, the decision represents a welcome clarification of the law. However, as this article explains, the case raises other, important issues of remedy, including the appropriate treatment of a powerful and novel statutory remedial regime, remoteness principles and the elusive performance interest in contract.
AB - The Civil Liability Act 2002 (NSW) (CLA) provides that damages for non-economic loss for ‘personal injury’ are limited to cases where the severity of the loss is at least 15 per cent of a most extreme case. In Moore v Scenic Tours Pty Ltd the High Court of Australia held unanimously that damages for disappointment and distress arising from failure to deliver the promised benefits of a holiday cruise tour contract are not precluded as damages for ‘personal injury’ by the CLA. In this respect, the decision represents a welcome clarification of the law. However, as this article explains, the case raises other, important issues of remedy, including the appropriate treatment of a powerful and novel statutory remedial regime, remoteness principles and the elusive performance interest in contract.
UR - https://www.lexisnexis.com.au/__data/assets/pdf_file/0005/342590/Journal-of-Contract-Law-Volume-36-Part-3.pdf
UR - http://www2.lexisnexis.com.au/sites/en-au/products/journal-of-contract-law.page
M3 - Article
SN - 1030-7230
VL - 36
SP - 272
EP - 288
JO - Journal of Contract Law
JF - Journal of Contract Law
IS - 3
ER -