CLA relevant remedies sections CIVIL LIABILITY ACT 2002 NSW 3B Civil liability excluded from


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CIVIL LIABILITY ACT 2002 - SECT 5AD. 5AD . Protection of good samaritans. (1) A good samaritan does not incur any personal civil liability in respect of an act or omission done or made by the good samaritan at the scene of an emergency in good faith and without recklessness in assisting a person in apparent need of emergency assistance.


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Western Australian Current Acts. CIVIL LIABILITY ACT 2002 - SECT 5O. 5O . No duty to warn of obvious risk. (1) A person (the defendant ) does not owe a duty of care to another person (the plaintiff ) to warn of an obvious risk to the plaintiff. (2) This section does not apply if —. (a) the plaintiff has requested advice or information about.


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Western Australian Current Acts. CIVIL LIABILITY ACT 2002 - SECT 5N. 5N . Injured person presumed to be aware of obvious risk. (1) In determining liability for damages for harm caused by the fault of a person, the person who suffers harm is presumed to have been aware of the risk of harm if it was an obvious risk, unless the person proves on.


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CIVIL LIABILITY ACT 2002 - SECT 5M 5M .Term used: obvious risk . In this Division — obvious risk has the meaning given by section 5E. [Section 5M inserted: No. 58 of 2003 s. 8.]


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Civil Liability Act 2002. 24 Oct 2023. Current. 04-k0-02. Official Version. Word. HTML. Purchase. Versions of this Act (includes consolidations, Reprints and "As passed" versions)


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Civil Liability Act 2002 Part 1 Preliminary s. 1 page 2 Version 01-k0-02 As at 19 Sep 2007 Extract from www.slp.wa.gov.au, see that website for further information Part 1 — Preliminary 1. Short title This Act may be cited as the Civil Liability Act 2002 1. 2. Commencement (1) This Act comes into operation on a day fixed by proclamation 1.


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Western Australian Current Acts. CIVIL LIABILITY ACT 2002 - SECT 5S. 5S . Mental harm: duty of care. (1) A person (the defendant ) does not owe a duty of care to another person (the plaintiff ) to take care not to cause the plaintiff mental harm unless the defendant ought to have foreseen that a person of normal fortitude might, in the.


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Civil Liability Act 2002 Preliminary Part 1 s. 3A Compare 01 Jul 2012 [03-i0-02] / 01 Jan 2013 [03-j0-04] page 3 Extract from www.slp.wa.gov.au, see that website for further information 3A. Damages excluded from Act (1) The provisions of this Act specified in the third column of an item in the Table to this subsection do not apply to damages of a


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CIVIL LIABILITY ACT 2002 - SECT 3. 3 . Terms used. harm means harm of any kind, including the following —. personal injury includes —. personal injury damages means damages that relate to personal injury to a person caused by the fault of another person, but does not include a sum payable under a superannuation scheme or any life or other.


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Western Australian Current Acts. CIVIL LIABILITY ACT 2002 - SECT 5A. 5A . Application of Part. (1) Subject to sections 3A and 4A, this Part applies to any claim for damages for harm caused by the fault of a person unless this section states otherwise. (2) This Part extends to a claim for damages for harm caused by the fault of a person even if.


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Western Australian Current Acts. CIVIL LIABILITY ACT 2002 - SECT 22. 22 . Regulations. The Governor may make regulations prescribing all matters that are required or permitted by this Act to be prescribed, or are necessary or convenient to be prescribed for giving effect to the purposes of this Act. Notes.


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Civil Liability Act 2002 Part 1 Preliminary s. 1 page 2 Version 04-j0-00 As at 01 Jul 2022 Published on www.legislation.wa.gov.au Part 1 — Preliminary 1. Short title This Act may be cited as the Civil Liability Act 12002. 2. Commencement (1) This Act comes into operation on a day fixed by proclamation1.


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The Civil Liability Act 2002 (WA) also applies to these types of situations. An occupier of premises must take reasonable care to make sure that someone entering their premises does not suffer injury or loss as a result of a danger on the property. The danger may exist because of the condition of the premises, or from something the occupier has.


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CIVIL LIABILITY ACT 2002 - SECT 5C 5C .General principles (1) A determination that the fault of a person (the tortfeasor ) caused particular harm comprises the following elements — (a) that the fault was a necessary condition of the occurrence of the harm ( factual causation ); and (b) that it is appropriate for the scope of the tortfeasor's liability to extend to the harm so caused.


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Western Australian Current Acts. CIVIL LIABILITY ACT 2002 - SECT 1. 1 . Short title. This Act may be cited as the Civil Liability Act 2002 1 .


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Civil Liability Act 2002 Contents page ii [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 2).] Division 7 — Professional negligence 5PA. Term used: health professional 16 5PB. Standard of care for health professionals 17 Part 1B — Mental harm 5Q. Terms used 19 5R. Application of Part 19 5S. Mental harm: duty of care 19 5T.