Remedies Flashcards
Cameron, aged 14, is involved in a road traffic accident and dies immediately from his injuries. He leaves behind his mother Sue, his father Matthew and his 5 year old brother Angus. Sue and Matthew never married.
Is the following statement TRUE or FALSE?
Both Sue and Matthew will have a claim for bereavement damages. However, Angus will have no claim.
True
False
Feedback
Well done - the statement is false. Only Sue has a claim for bereavement damages as Sue and Matthew were not married. Angus has no claim.
Damages for bereavement can only be claimed by a wife, husband or civil partner of the deceased; or by parents where the deceased was an unmarried minor child. The unmarried father of the child is not entitled to bring a claim for bereavement.
Ben was killed due to the defendant’s negligence. He leaves a wife, Sarah, and a child, Sam. Ben was the breadwinner. Sam is 19 and Ben was supporting him through university. Ben was also in business with his brother Jon. Jon thinks he will have to close down the business because of Ben’s death.
Which ONE OR MORE of the following statements are correct?
Sarah will be able to claim for loss of dependency for the period up to Ben’s retirement age.
Sam will be able to claim for loss of dependency for the period up to Ben’s retirement age.
Jon will not be able to claim for loss of dependency.
Sam will be able to claim damages for bereavement
Feedback
Well done. Answers A and C are correct. Sarah will be able to claim for loss of dependency for the period up to Ben’s retirement age as that is the likely period of loss. Sam will not be able to claim for loss of dependency for the period up to Ben’s retirement age as once he has left university and is working as he will no longer be dependent on Ben. Sam will not be able to claim bereavement damages. Only Sarah will have this claim. Jon will not be able to claim for loss of dependency as the loss results from a business relationship.
Which ONE OR MORE of the following are requirements which a claimant must fulfil in order to be able to claim damages for loss of dependency?
The claimant must be financially dependent on the deceased
The claimant must be under 18 years of age
The claimant must be in full time education
The claimant must be within the class of persons that are entitled to claim
Feedback
Well one. The correct answers are A and D. In order to be able to claim damages for loss of dependency a person must be financially dependent on the deceased (either currently or have a reasonable expectation of future financial support).
The person must also be within the class of persons entitled to claim.
Which ONE of the following statements about the claim on behalf of a deceased claimant’s estate is CORRECT?
The claim will compensate the dependants of the deceased for the losses incurred during the deceased’s period of survival.
The claim will compensates the deceased’s estate for the deceased’s loss of earnings after the deceased died.
The claim compensates the dependants of the deceased for their losses from the date of death.
The claim compensates the deceased’s estate for the losses incurred during the survival period.
Feedback
Well done - D is the correct answer.
A and C are incorrect as these statement cover claims that dependants can bring and not the claim on behalf of the deceased’s estate.
B is incorrect as the claim on behalf of the deceased’s estate only compensates for loss of earnings during the survival period between the tort and death.
Is the following statement TRUE OR FALSE?
A new cause of action is created for the benefit of the estate of a deceased claimant, provided that the death of the deceased was caused by the actions of the defendant.
True
False
Feedback
Well done. This statement is false. It is incorrect in a number of respects.
First, it is true that any cause of action which the deceased had at the date of death survives for the benefit of the deceased’s estate. A new cause of action is not created: the existing cause of action vested in the deceased is preserved for their estate.
Second, the statement above applies whenever a claimant dies, whether or not the death was caused by the defendant.
Finally, the same principle also applies where a defendant dies. It preserves any cause of action which existed against the deceased at the time of death, so that the claim can be pursued against the estate of the deceased.
Darren is injured in an accident at work caused by his employer’s negligence. He is absent from work for six weeks. He is unable to cook for himself or do other household chores because of the injury, so his mother Miranda helps him out. She is not put to any financial loss as she is retired.
Is the following statement true or false?
Miranda will be able to bring a claim for the time she has spent looking after Darren.
True
False
Feedback
You are correct - the statement is false.
Darren will include the cost of care as part of his claim. Miranda cannot make a separate claim herself.
A five year old child is seriously injured in a road traffic accident. The evidence is that the child will never be able to work.
Is the following statement TRUE or FALSE?
As the child is only five years old and will never be able to work, it is impossible sensibly to assess any future loss of earnings claim. The child will, therefore, not be entitled to claim for future loss of earnings.
True
False
Feedback
Well done - the statement is false. The child is entitled to future loss of earnings even though it is difficult to assess.
Which ONE OR MORE of the following are examples of general damages?
Damages for pain and suffering
Damages for loss of earnings up to the date of trial / settlement
Damages for loss of future earnings
Correct answer
Damages for future loss of dependency
Feedback
Well done. The correct answers are A, C and D. General damages are those which cannot be precisely calculated. So, this covers damages for pain and suffering, future loss of earnings and future loss of dependency. The claimant’s lawyer can prepare a calculation predicting expected future loss of earnings or dependency, but the amount to be awarded must still be assessed by the judge (or on settlement).
By contrast, special damages are those which can be precisely calculated. So, this would cover lost earnings up to the date of trial / settlement.
Which ONE of the following is an example of non- pecuniary loss?
Loss of future earnings
Damages for future loss of dependency
Pain and suffering
Loss of earnings up to the date of trial / settlement
Cost of medical treatment
Cost of damaged property.
Feedback
Well done. The correct answer is C. Pain and suffering is an example of non pecuniary loss.
All the other losses are financial (pecuniary) losses.
Cameron, aged 14, is involved in a road traffic accident and dies immediately from his injuries. He leaves behind his mother Sue, his father Matthew and his 5 year old brother Angus. Sue and Matthew never married.
Is the following statement TRUE or FALSE?
Both Sue and Matthew will have a claim for bereavement damages. However, Angus will have no claim.
True
False
Feedback
Well done - the statement is false. Only Sue has a claim for bereavement damages as Sue and Matthew were not married. Angus has no claim.
Damages for bereavement can only be claimed by a wife, husband or civil partner of the deceased; or by parents where the deceased was an unmarried minor child. The unmarried father of the child is not entitled to bring a claim for bereavement.
Ben was killed due to the defendant’s negligence. He leaves a wife, Sarah, and a child, Sam. Ben was the breadwinner. Sam is 19 and Ben was supporting him through university. Ben was also in business with his brother Jon. Jon thinks he will have to close down the business because of Ben’s death.
Which ONE OR MORE of the following statements are correct?
Sarah will be able to claim for loss of dependency for the period up to Ben’s retirement age.
Sam will be able to claim for loss of dependency for the period up to Ben’s retirement age.
Jon will not be able to claim for loss of dependency.
Sam will be able to claim damages for bereavement
Feedback
Well done. Answers A and C are correct. Sarah will be able to claim for loss of dependency for the period up to Ben’s retirement age as that is the likely period of loss. Sam will not be able to claim for loss of dependency for the period up to Ben’s retirement age as once he has left university and is working as he will no longer be dependent on Ben. Sam will not be able to claim bereavement damages. Only Sarah will have this claim. Jon will not be able to claim for loss of dependency as the loss results from a business relationship.
Which ONE OR MORE of the following are requirements which a claimant must fulfil in order to be able to claim damages for loss of dependency?
The claimant must be financially dependent on the deceased
The claimant must be under 18 years of age
The claimant must be in full time education
The claimant must be within the class of persons that are entitled to claim
Feedback
Well one. The correct answers are A and D. In order to be able to claim damages for loss of dependency a person must be financially dependent on the deceased (either currently or have a reasonable expectation of future financial support).
The person must also be within the class of persons entitled to claim.
Which ONE of the following statements about the claim on behalf of a deceased claimant’s estate is CORRECT?
The claim will compensate the dependants of the deceased for the losses incurred during the deceased’s period of survival.
The claim will compensates the deceased’s estate for the deceased’s loss of earnings after the deceased died.
The claim compensates the dependants of the deceased for their losses from the date of death.
The claim compensates the deceased’s estate for the losses incurred during the survival period.
Feedback
Well done - D is the correct answer.
A and C are incorrect as these statement cover claims that dependants can bring and not the claim on behalf of the deceased’s estate.
B is incorrect as the claim on behalf of the deceased’s estate only compensates for loss of earnings during the survival period between the tort and death.
Is the following statement TRUE OR FALSE?
A new cause of action is created for the benefit of the estate of a deceased claimant, provided that the death of the deceased was caused by the actions of the defendant.
True
False
Feedback
Well done. This statement is false. It is incorrect in a number of respects.
First, it is true that any cause of action which the deceased had at the date of death survives for the benefit of the deceased’s estate. A new cause of action is not created: the existing cause of action vested in the deceased is preserved for their estate.
Second, the statement above applies whenever a claimant dies, whether or not the death was caused by the defendant.
Finally, the same principle also applies where a defendant dies. It preserves any cause of action which existed against the deceased at the time of death, so that the claim can be pursued against the estate of the deceased.
Darren is injured in an accident at work caused by his employer’s negligence. He is absent from work for six weeks. He is unable to cook for himself or do other household chores because of the injury, so his mother Miranda helps him out. She is not put to any financial loss as she is retired.
Is the following statement true or false?
Miranda will be able to bring a claim for the time she has spent looking after Darren.
True
False
Feedback
You are correct - the statement is false.
Darren will include the cost of care as part of his claim. Miranda cannot make a separate claim herself.
