Abstract

http://ssrn.com/abstract=1242982
 


 



Damaged Awards: The Vicissitudes of Life as a Woman


Reg Graycar


University of Sydney - Faculty of Law

August, 21 2008

Torts Law Journal, Vol. 3, No. 2, pp. 160-168, 1995
Sydney Law School Research Paper No. 08/96

Abstract:     
This article engages with the ways in which the assessment of damages for personal injuries reflects deeply gendered assumptions about women's and men's roles. It arose out of a decision of the NSW Court of Appeal (which later went to the High Court of Australia) in NSW Insurance Ministerial Corporation v Wynn. The Court of Appeal had substantially reduced a trial judge's damages award for a woman executive whose injury had impaired her earning capacity, by taking into account gendered assumptions about her lack of attachment to the paid labour market. In particular, the court had discounted the award heavily for 'vicissitudes' of life which included that she may not want to continue working once she had children; that promotion for her would involve too great a sacrifice for her husband. The author suggested that the High Court needed to address the marginalisation of women's paid work that emerged from a reading of case law in this area.

Number of Pages in PDF File: 10

Keywords: tort law, personal injury, gender bias, judicial decision making, damages, women's work, loss of earning capacity

JEL Classification: J16, J30, J70, K10, K30

Accepted Paper Series





Download This Paper

Date posted: August 21, 2008  

Suggested Citation

Graycar, Reg, Damaged Awards: The Vicissitudes of Life as a Woman (August, 21 2008). Torts Law Journal, Vol. 3, No. 2, pp. 160-168, 1995; Sydney Law School Research Paper No. 08/96. Available at SSRN: http://ssrn.com/abstract=1242982

Contact Information

Reg Graycar (Contact Author)
University of Sydney - Faculty of Law ( email )
Faculty of Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia
Feedback to SSRN


Paper statistics
Abstract Views: 465
Downloads: 58
Download Rank: 219,875

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo3 in 0.829 seconds