LW204: Torts Law II

Tutorial 10 (Week 13)

Question A

Pops is 45-year-old father of six who works as a builder. Due to his employer's negligence, Pops falls down from a 7 metre height on his work site and breaks his back. Pops was the main provider for his family and was earning $40,000 a year. He had to pay 15% income tax on his earnings. After the accident, his wife had to look for a job to support the family. The doctors state that it will likely take Pops two years to fully recover from his injuries. They also state that it is highly unlikely he will be able to be a builder. Pops develops depression and anxiety as a result of his injury. He argues with his wife Talia often and refuses to go to physical therapy. Pops' brother James offered to pay for Pops to attend a computer class to learn skills. Pops refuses to attend the class, stating: "If I can't do what I do, I don't need to do anything anymore." In addition, Tupe, a neighbour, was hired as a carer for Pops from January 2018 until February 2020. Tupe received a salary of $12,000 a year. On 1 November 2020, Pops brought a case against his employer. The employer has admitted negligence.

1. Assess the scenario and determine which heads of damages you think Pops is entitled to. Identify any facts that you think you will need to finish your calculations.

2. Discuss issues relating to mitigation in relation to Pops' case