Lecture 6 - Damages

Question 1

Damages =

Answer 1

Financial compensation to put the claimant back in the position they would have been in had the harm not happened

Question 2

General damages

Answer 2

Flow from the wrong. Eg loss of future earnings, pain, suffering etc. Don’t need to quantify amount (often difficult to do)

Question 3

Special damages

Answer 3

Specific, and result from particular circumstances eg lost earnings up to trial. Must prove amount for these.

Question 4

Nominal damages

Answer 4

Usually small. Awarded when claimant is correct, but no loss/ damage arising from harm eg trespassing

Question 5

Punitive damages

Answer 5

For especially bad conduct. Designed to punish defendant eg slander.

Question 6

Joint and several liability

Answer 6

When more than one defendant, claimant can sue multiple. If found liable, all liable for full amount (if one can’t pay, will still receive full)

Question 7

Liability limited if: (2)

Answer 7

• Voluntary assumption of risk

- Contributory negligence

Question 8

Voluntary assumption of risk

Answer 8

Eg drink driver and get into car. Claimant agreed to run the risk of defendant’s negligence.

Question 9

3 requirements of voluntary assumption of risk

Answer 9

• Agreement to risk
• Full knowledge of nature and extent of risk
• Voluntary choice

Question 10

Contributory negligence

Answer 10

Eg not wearing seatbelt. Claimant ALSO negligent. Damages reduced

Question 11

Vicarious liability

Answer 11

Employer may be liable for actions of an employee

Question 12

3 requirements for Vicarious liability

Answer 12

• Employee/ employer relationship must exist
• Employee must have committed a tort
• Employee must have acted in the course of employment when tort committed

Question 13

Tests for employee/ employee relationship (3)

Answer 13

• Control test
• Terms of contract eg if NI + Tax deducted
• Relationship as a whole

Question 14

Pure economic loss..

Answer 14

Not recoverable in tort