ON 31 AUGUST 1977, the High Court of Australia delivered Griffiths v Kerkemeyer  HCA 45; (1977) 139 CLR 161 (31 August 1977).
Damages – Personal injuries – Assessment – Permanent disablement – Services provided to plaintiff gratuitously – Whether damages recoverable in respect of gratuitous services – Measure of damages – Market cost of provision of services or loss suffered by person providing them – Whether damages held in trust for person providing services.
At common law, a person disabled by the fault of another may recover damages for the commercial value of any necessary nursing and domestic services provided gratuitously by a friend or relative.
Legislation such as the Civil Liability Acts modify the common law, limiting the circumstances of entitlement and the amounts that may be claimed.
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