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CIVIL LIABILITY ACT 1936 - SECT 67

CIVIL LIABILITY ACT 1936 - SECT 67

67—Limitation on the award of damages for the costs of raising a child

        (1)         In an action to which this section applies, no damages are to be awarded to cover the ordinary costs of raising a child.

        (2)         The "ordinary costs of raising a child" include all costs associated with the child's care, upbringing, education and advancement in life except, in the case of a child who is mentally or physically disabled, any amount by which those costs would reasonably exceed what would be incurred if the child were not disabled.

        (3)         This section applies to—

            (a)         an action for negligence resulting in the unintended conception of a child; or

            (b)         an action for negligence resulting in the failure of an attempted abortion; or

            (c)         an action for negligence resulting in the birth of a child from a pregnancy that would have been aborted but for the negligence; or

            (d)         an action for innocent misrepresentation resulting in—

                  (i)         the unintended conception of a child; or

                  (ii)         the birth of a child from a pregnancy that would have been aborted but for the misrepresentation; or

            (e)         an action for damages for breach of a statutory or implied warranty of merchantable quality, or fitness for purpose, in a case where a child is conceived as a result of the failure of a contraceptive device.

        (4)         In this section—

"contraceptive device" includes any medicine or substance used to prevent conception;

"innocent misrepresentation" means any misrepresentation by words or conduct made without an intention to deceive.