Calculating Damages Flashcards
What are Aggravated Damages?
Damages for mental distress or injury to feelings caused by the defendant’s behavior; compensates for intangible harm like dignity or humiliation.
What case recognized Aggravated Damages?
Rookes v Barnard [1964] – Aggravated damages can be awarded if conduct increases injury through “insult, arrogance, or oppressive behavior.”
What are Exemplary (Punitive) Damages?
Damages to punish the defendant and deter similar conduct, not for compensation.
What are the 3 categories for Exemplary Damages? (Rooks)
1) Oppressive government conduct, 2) Defendant profits from wrongdoing, 3) Statutory allowance.
What are Nominal Damages?
Small symbolic damages awarded when a legal right is infringed but no actual loss occurs.
When are Nominal Damages awarded?
For torts actionable per se like trespass, false imprisonment, or defamation, not in negligence.
What are Contemptuous Damages?
Very small damages awarded when the claimant is morally undeserving of compensation, despite a legal wrong.
What are Compensatory Damages for Personal Injury?
Damages for pecuniary (financial) and non-pecuniary (pain, suffering) losses.
What can be claimed in a Personal Injury case?
Loss of earnings, medical costs, pain, suffering, and future losses (using multiplier/multiplicand method).
What does the Law Reform (Miscellaneous Provisions) Act 1934 allow?
Causes of action survive for the deceased’s estate but no recovery for grief or future dependency.
What is the Multiplier/Multiplicand method?
A method to calculate future losses based on annual financial loss (multiplier) and years of loss (multiplicand).
What does the Fatal Accidents Act 1976 allow dependants to claim?
Loss of financial dependency, services, funeral expenses, and a statutory bereavement award.
What is the key case for future earnings in Personal Injury claims?
Pickett v British Rail Engineering [1980] – Loss of future earnings can be claimed even with reduced life expectancy.
What is “Pain and Suffering” in Personal Injury cases?
Subjective damages for physical pain and emotional distress.
What is “Loss of Amenity” in Personal Injury?
Objective damages for loss of enjoyment of life, such as hobbies or mobility.
What does the Civil Liability Act 2018 regulate?
It sets standardized tariffs for certain personal injury claims, like whiplash, to reduce fraud.
What is Bereavement Damages under the Fatal Accidents Act 1976?
A fixed statutory award of £15,120, available only to spouses, romantic cohabitants (2+years) or parents of a deceased child under 18.
What are Injunctions and Damages in Lieu?
Injunctions order actions or restraint, while damages in lieu may replace injunctions when they are inadequate.
What is the Shelfer Test for Injunctions?
Determines if an injury is small, can be compensated by money, and if an injunction would be oppressive.
