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Articles for the keyword(s) "Statutory bar: compensatory damages"

"The New Zealand Accident Compensation Scheme: The Statutory Bar and the Conflict of Laws"

Elsabe Schoeman and Rosemary Tobin, 2005

The authors examine the nature and effect of the statutory bar on compensatory damages in the Injury Prevention, Rehabilitation, and Compensation Act 2001 within the context of the double actionability rule for transnational torts. The focus is on the aims of the Accident Compensation Scheme and the implications of characterising the statutory bar as either substantive or procedural. With reference to recent developments in regard to the characterisation of comparable rules restricting or barring the recovery of damages, the authors support a substantive characterisation.