Remedies Flashcards
What is the aim of damages in tort?
To put the claimant in the same position they would have been in if the tort had not been committed.
What is the mitigation principle?
A claimant cannot claim damages for losses which they could have avoided by taking reasonable steps to mitigate their loss.
What are special damages?
Damages which are capable of being assessed at the time of trial
What are general damages?
Losses which are not capable of being calculated precisely so are therefore left for the court to determine.
What are pecuniary and non-pecuniary losses?
Pecuniary - capable of quantification in money terms;
Non-pecuniary - not capable of being calculated in money terms.
What are the main examples of non-pecuniary losses?
Claimant’s pain and suffering and loss of amenity caused by personal injury. I.e. constant suffering affecting work, activities, interests etc.
What is covered by ‘pain and suffering’?
Past, present and future pain. Mental and physical anguish, fear of future surgery etc.
Also, fear of shorter life expectancy.
When can the estate of the deceased make a claim on their behalf?
When the deceased had a claim in tort against the defendant but died before they received compensation.
This would be loss of amenity and earnings before death.
How do the courts assess loss of earnings post-trial?
The court must assess what the claimant may have been capable of earning in the future had the accident not occurred. Will consider likelihood of promotions and amount of alternative employment.
Will also consider whether the claimant can still work alternative employment.
When can dependants sue due to death by negligence?
Where death has been caused and the deceased hadn’t been compensated by the defendant before their death.
What are the three claims under the fatal accidents act 1976?
(i) Loss of dependency (if anyone was financially dependent);
(ii) Damages for bereavement (Limited to spouse or parents of a minor);
(iii) funeral expenses, if paid by the dependants.
