Damages In Tort

Question 1

Principles of awarding damages in tort

Answer 1

One action rule
Put c in same position had the tort not been committed
Mitigation - c must take reasonable steps to mitigate

Question 2

Classification of damages

Sort of 4 group

Answer 2

General - losses which cannot be calculated at the time of the trial
special- losses which can be precisely calculated at time if trial
Nominal- small amount to acknowledge infringement of rights
Exemplary, punitive and aggravated - no monetary value assaults etc

Question 3

Types of damage

Answer 3

Pecuniary - those that can be calculated

Non pecuniary - those that can’t be calculated

Question 4

Damages the application

Answer 4

Non pecuniary = pain and suffering = general
Can only claim for time conscious
Claim for any operations has still needs
Wise v Kaye 1962
Loss of amenity = based. On what he can no longer enjoy doing - west v shepherd 1964 - wheelchair user for life
Pecuniary = expenses
Claims for costs incurred as a result of accident
Private medical bills and house adaptation costs
Loss of earnings = 1 ) for the period to trial claim earnings less tax and ni plus perks from dare of accident - less any payments
2) post trial earnings claim for anticipated loss of earnings after trial call is
Multiplicand (net annual loss) x multiplier ( number of years of loss adjusted for life’s uncertainties / early receipt of the lump sum )
Interest = interest on general damages 2% from date of service to trial and half short term interest rate on special damages from accident to trial