Damages

Question 1

Define special damages.

Answer 1

Loss that is quantifiable up to the date of the trial.

Question 2

Define general damages.

Answer 2

Loss that are not capable of exact quantification.

Question 3

What is meant by pecuniary or non-pecuniary.

Answer 3

Whether the loss is related to a financial loss or not.

Question 4

Special damages can include an award to cover expenses from special facilities. Give a case example.

Answer 4

Povey v Rydal School - Where the claimant could claim for the cost to install a special hydraulic lift.

Question 5

An example of general pecuniary loss is loss of future earnings. But what if the future earnings were not certain? Give a case example.

Answer 5

Doyle v Wallace - Where the claimant had a 50% chance of becoming a drama teacher, and therefore loss of future earnings were halved.

Question 6

Give a case example for loss of amenity

Answer 6

West v Shepherd

Question 7

Define mitigation of loss

Answer 7

The claimant should take reasonable steps to avoid further loss. Failure to do so could result in a reduction of damages.

Question 8

Define contributory negligence

Answer 8

Where the claimants own negligence was a cause in the loss or damage.

Question 9

Give two ways that an award of damages can be paid

Answer 9

A lump sum (all at once) or a structured settlement (regular payments)