Damages-COMPLETE Flashcards
1
Q
What are the two types of damages?
A
-General damages.
-Special damages.
2
Q
What is the aim of damages?
A
-Compensation to put the claimant back into the position that they were in before the tort occured.
3
Q
What are general damages?
A
-non-quantifiable and extend until after the trial
4
Q
What are special damages?
A
-quantifiable and are expenses up until the trial;
5
Q
What are some examples of general damages?
A
-Future loss of earnings.
-Pain, suffering and loss of amenity.
-Future medical assistance.
6
Q
How can damages be paid?
A
-A lump sum.
-Periodical payments.
7
Q
What is meant by a mitigation of loss?
A
-C is not expected to profit- must mitigate the loss.
-minimising the loss by taking reasonable action to do so.
