damages Flashcards
aim of damages
the value of the goods destroyed or for their repair to condition they were in before the incident (money)
definition of damages
money as compensation for loss of injuries caused by claimant
what does non pecuniary mean
can’t put a price on the damage
what does pecuniary mean
can put a price on the damage
what is special damages
losses that can be calculated at the time of the trail= pecuniary losses- lost of wages, travelling to hospital
what is general damages
all other form of compensation
what are the three areas of general damages
pain suffering and loss of amenity
future medical are
loss of future earnings
what does loss of amenity mean
the reduction in the ability to perform everyday tasks
what does loss of earnings be assessed by
should be assessed on the basis thatwhat they would have earnt without the accident
what does mitigation of loss mean
the requirement that claimants should take reasonable action to keep their losses to a minimum
what is contributory negligence
where the claimant in a negligence case has made a contribution to their own injuries by their actions
what is a lump sum
money is given in whole
what is a structured settlement
given in stages
1 lump sum to cover costs met by the claimant before the settlement
2 regular monthly payments- through annuity
3 further lump sum to cover contingencies
what does annuity mean
fixed sim of money paid to someone each year
what does contingencies mean
future event which is possible but cannot be predicted with certainty
