Damages (2)

Question 1

what are the two types of damages and what separates them

Answer 1

special damages that are quantifiable

general damages that are non quantifiable

Question 2

what are all special damages

Answer 2

pecuniary

Question 3

what are the 4 pecuniary special damages

Answer 3

loss of earnings
damage to property
medical expenses
expenses to cover special facilities

Question 4

what are the 3 pecuniary general damages

Answer 4

all special damages
future loss of earnings
future expenses

Question 5

what are 4 non pecuniary general damages

Answer 5

pain and suffering
loss of amenity
loss of faculty
damages for the jury itself

Question 6

what is meant by contributory negligence and the case associated with jt

Answer 6

if the claimant has contributed to their losses the. a percentage of damages will be lost (Sayers v Harlow Urban)

Question 7

what is meant by mitigation of loss and the case associated with it

Answer 7

claimant expected to reduce their loss so D is not liable to compensate for damages that could’ve been prevented (Morgan v Wallies Limited)

Question 8

how are damages payed

Answer 8

lump sums (all at once)
structured settlement (regular payments)

Question 9

what are interim damages

Answer 9

partial payment to C once liability established but not yet agreed on by court

Question 10

what are provisional damages

Answer 10

if possible chance health would seriously deteriorate it allowed a return to court for compensation(rare)

Question 11

what happened in Sayers v Harlow Urban District Council

Answer 11

C stuck in toilet and stood on toilet roll holder to get out and fell; she contributes to injuries lost 25%