Compensatory Damages Flashcards
What is the aim of compensatory damages?
To put the claimant back in a position that they were in before the tort
What is a pecuniary loss?
A loss that can be easily calculated in terms of money
What is a non-pecuniary loss?
A loss that is not wholly money based, such as a change in lifestyle
What are special damages?
Damages which amounts are calculated specifically up to the trial date or settlement. They are used for pecuniary losses
What are general damages?
Damages which amounts are calculated looking ahead of the trial date or settlement. They are used for non-pecuniary losses
What are general damages used for?
To pay for future fees due to the loss of amenity
How are general damages calculated?
Annual loss multiplied by years of loss
What is mitigation of loss?
The claimant is entitled to be compensated, but they must keep the amount of damages reasonable
Why are lump sums unfair on the claimant?
- Condition may worsen
- inflation of future medical costs
Why are lump sums unfair on the defendant?
If the claimants condition improves, there is no longer a need to pay compensation
What does the Damages Act 1996 allow?
structured settlements to allow damages to be paid periodically
True or Rubbish: Courts can order structured settlements?
Rubbish
True or Rubbish: Amount of damages in structured settlements can be reassessed at periods?
True
What is an injunction?
A court order that forces somebody to do something or stops someone from doing something
What is the punishment for not following an injunction?
Contempt of court, punishable by fine or 2 years custodial sentence
