6 - TORT - Remedies Flashcards

1
Q

What are the two types of damages

A
  • General
  • Special
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2
Q

What are General damages?

A
  • future financial losses which cannot be specifically proven
  • non-quantifiable losses such as compensation for physical injury
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3
Q

What are special damages?

A
  • specifically provable and quantifiable financial losses at the time of trial
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4
Q

What does a PSLA award cover?

A
  • Pain and suffering
  • Loss of amenity (effect on lifestyle)

Awarded as a single lump sum

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5
Q

What sums are deducted from awards?

A
  • sick pay
  • redundancy payment (if resulting from injury)
  • state benefits
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6
Q

What damages are given for death?

A
  • Loss up to date of death
    (No claim for losses after d.o.d)
  • Bereavement damages 😭
  • Funeral expenses ⚰️
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7
Q

Who can claim statutory bereavement awards?

A
  • Spouse πŸ‘©β€β€οΈβ€πŸ’‹β€πŸ‘¨
  • Parents for minorsπŸ‘¨β€πŸ‘©β€πŸ‘§
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8
Q

Who can claim for death under Fatal Accidents?

A
  • spouse πŸ‘©β€β€οΈβ€πŸ’‹β€πŸ‘¨
  • former spouse βŒπŸ‘©β€β€οΈβ€πŸ’‹β€πŸ‘¨
  • living with deceased for 2 years πŸ‘©β€β€οΈβ€πŸ’‹β€πŸ‘¨πŸ€­
  • parent (include treated as parent) πŸ§“πŸ‘΄
  • Linear ancestorsπŸ§“πŸ‘΄
  • Linear descendant (including treated as child) πŸ‘²
  • Brother, sister uncle or Aunt 🌎

Not
- cousin
- partner not living with deceased
- partner not living with the deceased for two years.

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9
Q

What counts as support for Fatal Accidents?

A
  • Cash
  • Services
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