Abstract

http://ssrn.com/abstract=1243002
 


 



Love's Labour's Cost: The High Court Decision in Van Gervan vs. Fenton


Reg Graycar


University of Sydney - Faculty of Law

August, 21 2008

Torts Law Journal, Vol. 1, pp. 122-136, 1993
Sydney Law School Research Paper No. 08/97

Abstract:     
Australian courts have been slow to recognise the gendered nature of aspects of the award of damages for personal injury. The decision of the High Court in Griffiths v. Kerkemeyer made it clear for the first time that damages could be recovered for the costs of care even where such care was provided 'gratuitously'. In Van Gervan v. Fenton, a majority of the High Court reaffirmed the broad principles established in that earlier case. This discussion examines the High Court decision in Van Gervan v. Fenton and scrutinises some of the gendered assumptions that emerge about women and their caring work. It is suggested that assumptions of this nature underlie judicial and legislative decision making in this context and result in failure to value caring work property in the context of damages assessment.

Number of Pages in PDF File: 16

Keywords: tort law, personal injury, gender, damages assessment, caring work, women's work

JEL Classification: J16, J28, J30, J70, K10, K13, K30, K32

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Date posted: August 21, 2008  

Suggested Citation

Graycar, Reg, Love's Labour's Cost: The High Court Decision in Van Gervan vs. Fenton (August, 21 2008). Torts Law Journal, Vol. 1, pp. 122-136, 1993; Sydney Law School Research Paper No. 08/97. Available at SSRN: http://ssrn.com/abstract=1243002

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
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