damages/remedies

Question 1

purpose

Answer 1

• put claimant in position her or she was in before the negligent act,
  -> so far as this can be achieved by money,
• amount depends on extent of the injury and loss,
• contributory negligence is where claimant is partly to blame so damaged are reduced accordingly,

Question 2

damages

Answer 2

• in order to calculate the award, damages is spilt into two kinds:
  . special damages,
  . general damages,

Question 3

special damages

Answer 3

• quantifiable losses up to the date of trial,
• loss of earnings,
• damage to property,
• special equipment,
• medical costs,

Question 4

general damages

Answer 4

• all damages not capable of exact quantification,
• loss of future earnings,
• pain and suffering,
• future medical costs,
• loss of amenity and faculty,
• general damages are further spilt into pecuniary and non-pecuniary losses,

Question 5

pecuniary losses

Answer 5

• have monetary value,
• further medical expenses,
• future loss of earnings,

Question 6

non-pecuniary losses

Answer 6

• no monetary value,
• loss of amenity,
• loss of faculty,
• pain and suffering,

Question 7

ways to pay

Answer 7

• lumpsum - all damages are paid at once, most common way payments are made,
• structured settlement - regular payments over a number of months/years,
• interim payment - if liability has been established but full award has not been made, covers necessary costs before trial,
• provisional damages - given in anticipation of condition deteriorating,

Question 8

mitigation of loss