Damages - Tort

Question 0

2. General damages

Answer 0

Cover all losses that can’t be calculated exactly
- precurinary
Damage that has monetary value must be estimated eg. Future loss of earnings
- non precurinary
Damage that doesn’t have monetary value that must be estimated eg. Pain and suffering

Question 1

1. Special damages

Answer 1

Calculated financial losses up to date of trial

Eg. Loss of earnings, medical bills, damage to properties

Question 2

3 mitigation of loss

Answer 2

Claimant has responsibility to keep damage to a minimum

- d will not be expected to pay for damages that could have been avoided eg. Insurance

Question 3

Payment method

Answer 3

1. Lump sum- paid in full- used for small amounts of money
2. Structures settlement
   - paid in instalments used for large amounts of money
   - when d can’t afford it/ c no longer needs full time care