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Aspects of Damages 2

Start date
01 December 1990
Status
Closed
Email
com@lawcom.govt.nz
Phone
04 473 3453
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Project Overview

This project considers the rules in Bain v Fothergill and Joyner v Weeks. The Commission concludes that the rules established in the two cases were unjustified and contrary to principle. It proposes that they be abolished by amendments to the Property Law Act 1952.

Report

R19 Aspects of damages: the Rules in Bain v Fothergill and Joyner v Weeks

Publication date 
30 May 1991

The Commission's Report, Aspects of damages: the Rules in Bain v Fothergill and Joyner v Weeks (R19) arises from ongoing work on damages and the introduction into Parliament of the Employment Contracts Bill. The rule in the Addis case denied damages for the harshness and oppression accompanying a dismissal from employment and any loss sustained from discredit thrown upon the employee. That limit is inconsistent with the general principles of the law of damages; the application of the rule is uncertain; its scope of application in New Zealand is narrowed in an anomalous way by legislative provision (also contained in the new Bill); and its continued force in New Zealand is unclear in the light of recent judicial decisions and criticism.

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Government Response

Government Response to R19

Publication date 
13 November 1991

The abolition of the rule in Bain v Fothergill is implemented by the Property Law Amendment Act 1994.

The problems with the rule in Joyner v Weeks is partially addressed in Mäori Trustee v Rogross Farms Ltd [1994] 3 NZLR 410 (CA).NZLR 410 means that no statutory amendment is needed.