damages- special general etc

Question 1

what is special damages

Answer 1

quantifiable losses up to date of trial
loss of earnings to date- calculated from date of tort to trial
damage to property- cover cost of repariring and replacing damaged property
medical expenses- cover any services treatment or medical appliances or unpaid services or relatives or friends up to date of trial, must deem reasonable
expenses to cover special facilities- cover cost of special living accomodation
povey v rydal school- c received award to cover cost of special hydraulic lift

Question 2

general damages

Answer 2

not quantifiable losses
future loss of earnings- what you would have earned for the rest of career
other future losses
pain and suffering- based on guidelines from previous cases
loss of amenity- loss of chance to enjoy life
damages for injury itself
loss of faculty- disability

Question 3

what are pecuniary losses

Answer 3

all special damages
future loss of earnings
future expenses

Question 4

what are non pecuniary losses

Answer 4

pain and suffering
loss of amenity
loss of faculty
damages for injury itself

Question 5

general and pecuniary case

Answer 5

doyle v wallace- c would have been drama teacher but injured in road accident, likelihood 50%, awarded half notional lost earnings

Question 6

general non pecuniary cases

Answer 6

west shepherd- 41yo c suffered severe head injuries, could not speak but eye movements indictaed understood predicament
received high award for loss of amenity

Question 7

what is contributory negligence

Answer 7

law reform act 1945- if c contributed to losses then percentage of damages will be lost
sayers v harlow urban district council- c got stuck in toilet, stood on toilet roll holder and fell as result, courts decided contributed to injuries, lost 25% damages

Question 8

what is mitigation of loss

Answer 8

c expected to reduce or mitigate their loss
d not liable to compensate for losses could have been prevented
cant claim for anything more than you had

Question 9

what are provisional damages

Answer 9

if possible chance health seriously deteriorate allows further return to court for compensation

Question 10

what is lump sum

Answer 10

money paid all at once

Question 11

what is structured settlement

Answer 11

seek regular payments of damages

Question 12

what are interim damages

Answer 12

possible once liability has been established but the actual amount of damages has not been agreed or awarded by court, partial payment to tide c over and will be taken off total amount when decided