Damages

Question 1

Damages

Answer 1

Damages are awarded in order to help the C to be in the position they were in before the negligence occurred. The C must mitigate their losses and the claims must be reasonable as seen in Cunningham V Harrison

Question 2

Special damages

Answer 2

Special damages are specific and can be calculated, they cover any expenses up until the start of the trial. Eg a smashed phone, medical expenses or loss of earnings

Question 3

General damages

Answer 3

Damages which can not be precisely calculated for example future loss of earnings eg loss of earnings. Multiplicand X Multiplier is used to calculate future loss of earnings. Special tariffs are used on different injuries and amenities

Question 4

Payment types

Answer 4

Lump sum - all in 1 go
Structured settlement - intervals
Provisional payments