Queensland Consolidated Acts

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CIVIL LIABILITY ACT 2003 - SCHEDULE 2

-- DICTIONARY

apology, for chapter 4, part 1A, see section 72C.

apportionable claim, for chapter 2, part 2, see section 29.

a professional see section 20.

average weekly earnings means the seasonally adjusted amount of Queensland full-time adult persons ordinary time earnings as declared by the Australian Statistician in the statistician's report on average weekly earnings, averaged over the last 4 quarters for which the statistician's report is available.

claim means a claim, however described, for damages based on a liability for personal injury, damage to property or economic loss, whether that liability is based in tort or contract or in or on another form of action, including breach of statutory duty and, for a fatal injury, includes a claim for the deceased's dependants or estate.

community organisation, for chapter 2, part 3, division 2, see section 38.

community work, for chapter 2, part 3, division 2, see section 38.

consumer, for chapter 2, part 2, see section 29.

contributory negligence see the Law Reform Act 1995, section 10.

court, for chapter 2, part 2, see section 29.

damages includes any form of monetary compensation.

dangerous recreational activity, for chapter 2, part 1, division 4, see section 18.

defendant, for chapter 2, part 2, see section 29.

dependency claim means a claim in relation to a fatal injury brought on behalf of a deceased's dependants or estate.

dust-related condition means--

(a) any of the following diseases--
(b) any other pathological condition of the lung, pleura or peritoneum that is attributable to dust.

duty means--

(a) a duty of care in tort; or
(b) a duty of care under contract that is concurrent and coextensive with a duty of care in tort; or
(c) another duty under statute or otherwise that is concurrent with a duty of care mentioned in paragraph (a) or (b).

duty of care means a duty to take reasonable care or to exercise reasonable skill (or both duties).

expression of regret see section 71.

food donor, for chapter 2, part 3, division 2, see section 38A(1).

function, for chapter 2, part 3, division 1, see section 34.

future loss means all or any of the following--

(a) future economic loss;
(b) future general expenses;
(c) future medical expenses.

general damages, for chapter 3, see section 51.

harm means harm of any kind, including the following--

(a) personal injury;
(b) damage to property;
(c) economic loss.

injury, for chapter 3, see section 51.

injury scale value see section 61(1)(a).

intoxicated, in relation to a person, means that the person is under the influence of alcohol or a drug to the extent that the person's capacity to exercise proper care and skill is impaired.

liability, for chapter 4, part 1, see section 69.

loss of earnings means--

(a) past economic loss due to loss of earnings or the deprivation or impairment of earning capacity; and
(b) future economic loss due to loss of prospective earnings or the deprivation or impairment of prospective earning capacity.

motor vehicle means a vehicle for which registration is required under the Transport Operations (Road Use Management--Vehicle Registration) Regulation 2010 and includes a trailer.

obvious risk--

(a) for chapter 2, part 1, division 3, see section 13; and
(b) chapter 2, part 1, division 4, see section 18.

organised, for chapter 2, part 3, division 2, see section 38.

personal injury includes--

(a) fatal injury; and
(b) pre-natal injury; and
(c) psychological or psychiatric injury; and
(d) disease.

personal injury damages means damages that relate to the death of or injury to a person.

person in distress, for chapter 2, part 1, division 7, see section 25.

possession, for chapter 2, part 3, division 2, see section 38(1).

public or other authority, for chapter 2, part 3, division 1, see section 34.

section 59A damages see section 59A(1).

structured settlement, for chapter 3, part 4, see section 63.

volunteer, for chapter 2, part 3, division 2, see section 38.

work, for chapter 2, part 3, division 2, see section 38.



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