Mallett v Wilson [1979] JLR 47 (08 March 1979)

Mallett v Wilson [1979] JLR 47 (08 March 1979)

It is appropriate to apply the boarding-out rate paid by the Education Committee to foster parents to cover the loss of a mother's domestic services to a dependent child, and this rate is not reducible because the child is looked after by a grandmother in whose household the child was previously brought up.

Citation
[1979] JLR 47
Parties
Plaintiff: Mallett; Defendant: Wilson
Jurisdiction
Jersey
Judgment Date
08 March 1979
Procedural Posture
Tort Fatal Accidents / Judgment
Outcome
Damages awarded based on the boarding-out rate; no reduction for care by grandmother.
Legal Topics
Damages, Fatal Accidents, Loss of Domestic Services
Tort Law Damages Fatal Accidents Loss of Domestic Services

Case Brief

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Parties

Mallett

Plaintiff

Wilson

Defendant

Procedural Posture

Tort Fatal Accidents / Judgment

Legal Issues

  1. 1 What is the appropriate measure of damages for the loss of a mother's domestic services to a dependent child?

Ratio Decidendi

It is appropriate to apply the boarding-out rate paid by the Education Committee to foster parents to cover the loss of a mother's domestic services to a dependent child, and this rate is not reducible because the child is looked after by a grandmother in whose household the child was previously brought up.

Court Disposition

Damages awarded based on the boarding-out rate; no reduction for care by grandmother.