Negligence: Remedy

Question 1

What are Special Damages? Give examples.

Answer 1

Special Damages are calculated up to the date of trial or settlement. E.G- Medical Bills, Taxi Costs, Loss of Earnings.

Question 2

What are General Damages?

Answer 2

General Damages are speculative and can’t be calculated specifically.

Question 3

What are Pecuniary Losses? Give examples.

Answer 3

Pecuniary Losses are financial losses. E.G- Loss of Earnings, Taxi Costs, Medical Bills.

Question 4

What are Non-Percuniary Losses? Give examples.

Answer 4

Non-Percuniary Losses are non-financial losses. E.G- “Pain and Suffering” or “Loss of Amenity”.

Question 5

What are Lump Sums?

Answer 5

Lump Sums are large chunks of money awarded for a loss.

Question 6

Why is C under a duty to Mitigate Loss? What does this mean?

Answer 6

This is done so C can’t “Squeeze D for every penny they’ve got”. Mitigation of Loss means to keep the loss to a reasonable level

Question 7

What Act established that the court will award COMPENSATORY DAMAGES to C as far as it’s possible for money to do so?

Answer 7

The Damages Act 1996.