LIABILITY: NEGLIGENCE; Damages Flashcards
How can damages be paid? (3)
Lump sum payments
Interm damages
A structural settlement
What were structural settlements set up by? (1)
The courts act 2003
What are prohibited injunctions? (1)
Stop the defendant from doing something
What are the types of injunctions? (2)
Prohibited injunctions
Mandatory injunctions
What are mandatory injunctions? (1)
Force the defendant to do something.
What are intern damages? (2)
If the defendant admits the accident but do not agree with the amount the claimant claiming they may be able to receive some money early. They will then take the rest to court to see how much the case is worth.
What case shows the use of prohibitory injunctions? (1)
Hollywood silver fox farm v Emmett (1936)
What are some cases that show child contributory negligence? (2)
Mullins v Richard’s
Gough v Thorne (1966)
What are structural settlements? (1)
Consists of periodical payments these payments will take into account the claimant’s circumstances.
What occurred in the case Gough v Thorne (1966)? (3)
What occurred in the case Gough v Thorne (1966)? (3)
A 13 year old crossed the road in front of a stationary lorry at the drivers signal without looking for herself. She was hit by an overtaking car. One third contributory negligence but the court of appeal disallowed this deduction.
What occurred in the case Froom v Butcher (1975)? (2)
A motorist was injured in a road incident which was the other drivers fault. He was not wearing his seat belt but this was not a legal requirement, his damages were reduced by 25%
What is meant by contributory negligence? (1)
Is the claimant contributes in anyway to the harm inflicted then the damages will be reduced by a certain percentage based on his much they contributed to the harm.
What is the interest rate on general damages? (1)
Non-payable on general damages on loss of earnings but all other general attarct an interest at 2%.
What is the interest rate on special damages? (1)
Up to date of the trial is half the short term interest rate.
What are general damages? (1)
Awarded for the injury itself. These will be calculated according to guidance given by the judicial studies board.
What cases show contributory negligence? (2)
Froom v Butcher (1975)
Anderson v Newham college (2003)
How are future losses calculated? (1)
Future earnings can be calculated by using a multiplier but is restricted to a minimum (Ogden tables).
What is meant by interest in terms of damages? (1)
Is paid on the judgment until the full amount is paid (given to the courts).
What are general damages awarded for? (3)
-awarded for pain and suffering both physical and mental
-awarded for loss of amenity
-the level of pain and suffering
What are general damages also known as? (1)
Non-peculiarly damages
What cases show the use of special/pecuniary damages? (2)
Herring v ministry of defence (2003)
Mcfarlane v Tayside (1999) - restriction
What occurred in the case Herring v ministry of defence (2003)? (3)
A part time soldier, claimant, severely injured himself in parachute jump. Claimed for damages included loss of earnings on basis that he would have pursued his career plans and became a police officer. Court of appeal argued that he might not have been accepted but he held that he would have probably have found a career of the same salary.
What are exemplary/punitive damages? (2)
Damages that punish the wrong doer for their actions, go beyond compensation and do more than compensate the victim. (Are awarded in addition to damages)
