Damages

Question 1

what types of losses can be claimed for?

Answer 1

Pecuniary losses (financial loss)
Non-Pecuniary losses (non-financial losses)

Question 2

What are pecuniary losses?

Answer 2

a financial loss

e.g. loss of wages, cost of repairs

Question 3

what are non-pecuniary losses?

Answer 3

loss that is not losing money/being out of pocket.

e.g. loss of amenity, pain, injury itself, mental distress

Question 4

What are the two ways losses can be covered?

Answer 4

Special damages
General damages

Question 5

What are special damages?

Answer 5

Used to compensate fixed preliminary losses already suffered.

used for known pecuniary losses.

Question 6

what are general damages?

Answer 6

used to compensate for future earning losses.

used for future pecuniary and non-pecuniary losses.

Question 7

What are the two ways to get paid?

Answer 7

Lump sum
Periodical payments

Question 8

What is a lump sum?

Answer 8

A one time large payment, used for special damages.

Question 9

What are periodical payments?

Answer 9

Compensation by installments is used when damages are high and can be amended by court.

Used for general damages.