negligence, a plaintiff must show that the defendant, or shall I say alleged tortfeasorââ
âDad,â I interrupted, âAmit wanted me to ask you so he could explain it to his mum. Her English isnât too good. Could you maybe simplify it?â
âCould you maybe get a life and talk about something else?â Nadine snapped.
âI have spoken to her before and her English was perfect,â Dad said, ignoring the interruption. âAnyway, I thought Amitâs mother had a PhD in electronic engineering from Sydney University?â
âEr . . . well, thatâs all pretty technical. You know what non-humanities faculties are like â robots without language, as you say.â
Dad did his elitist chuckle. Appealing to his egotistical superiority complex always worked (he was of the opinion that the legal faculty was the only legitimate source of education in a university).
âOkay, well, to put it simply â and oh, how this pains me, Noah, as the law is a beautifully complex framework â a person is guilty of negligent conduct when they owed another person a duty to take care, they failed to take care, and their failure caused the other person to suffer physical injury to person or property. That is a hopelessly simplified summary. There are established relationships in which a duty of care is owed, an employer/employee relationship being one of them.â
Nadine rolled her eyes. âDad, do you realise you are quite possibly the nerdiest human being in Sydney?â
Dad beamed. âThank you, Nadine. I sincerely appreciate the compliment.â
I mulled over Dadâs words. Putting aside all the jargon, it seemed to me that it basically came down to this: Jenkins Storage World was supposed to have taken care of Maureen (whatever that meant). Maybe done something to prevent her death. It didnât. She died. So Jenkins Storage World was negligent.
âAnd whatâs loss of expectation of benefit mean?â I asked.
Nadine jumped in again. âItâs like when you expect to have breakfast and end up listening to a law lecture.â
âPut the two together and youâre in heaven,â Dad said. Then he turned to me. âThe answer to your question depends on the scenario.â
âSay someone dies at work and their, er, wife survives and sues for a loss of expectation of benefit. What does that mean?â
âDoes Amitâs mother know somebody whoâs died?â
âUm, I think so . . .â I shrugged. âIâm just the messenger, conveying the questions. I canât be sure.â
Dad raised an eyebrow but didnât challenge me. âIn the circumstances youâve cited, it means that the surviving spouse is suing as a dependent on the basis that had the deceased not died, they would have had an income to depend upon. So their expectation of that income no longer exists and they seek to be compensated accordingly.â
âIn other words, theyâre no longer able to sponge money off their spouse so they should get compo?â
âWell, I suppose you could put it that way. But really, Noah, you have a better vocabularyââ
âOkay, cool, thanks,â I said, cutting him off. I stuffed my mouth with pancake to send a clear signal that the conversation had come to an end.
Â
The office was fairly quiet on Monday morning as some of the lawyers had chosen to extend their leave. Jacinta was working through the holiday season to earn some extra cash, but Aunt Nirvine had her in the Supreme Court library all day researching a new case law precedent so I didnât get a chance to talk to her until the end of the day when we left the office together.
âHowâs the flatmate-hunting coming along?â
The doors of the elevator opened and we walked outside onto the crowded street.
Jacinta groaned. âTerrible. Why is everybody so weird? At least the agent has finally put someone