Common Law Actions on the Margin

Abstract

The boundary areas between illness and disease will always be difficult to draw. This paper considers two areas that have led to difficulty in the context of the accident compensation scheme: cases involving mental injury alone and cases of unplanned pregnancy. The author argues that in a comprehensive accident compensation scheme the definition of personal injury should take cognizance of developments in medical knowledge, and include mental injury. An unplanned pregnancy as a personal injury to the mother creates special difficulties, and indeed does some violence to the definitions in the legislation. The author suggests that a legislative amendment to clarify this is desirable.