Remedies Flashcards
What are the two principal remedies in tort?
Damages and injunctions
What are compensatory damages?
They aim to put the claimant in the position they would have been in had the tort not happened.
What are the two categories compensatory damages are divided into?
Special damages & general damages
What are special damages?
Cover specific provable losses at the time of trial.
What are general damages?
They cover future financial loss which cannot be specifically proven.
What is the PSLA award?
Pain, suffering and loss of amenity award.
Despite having two elements, the award will always be expressed in an overall lump sump.
How are one-off future expenses given?
They are giving in a lump sum e.g. the cost of adapting the home.
How are recurring future expenses calculated?
The basis of the approach is to take the annual expense and multiply it by the number of years the loss will continue to be suffered.
However, this can be unrealistic so the court works on the assumption that the lump sum awarded will be invested and the claimant will be provided with a sufficient income from the investment to replace what they have lost.
What deductions are made from the damages?
- any state benefits
- contractual sick pay
- redundancy payment
What payments will not be deducted from damages?
Insurance pay-outs or gifts from charity.
Where someone dies as a result of a tort what legislation might apply?
Law Reform (Miscellaneous Provisions) Act 1934 – the estate may bring a claim for any losses suffered by the deceased as a result of an accident up to the date of death.
Fatal Accidents Act 1976 – allows for any dependants of the deceased to claim for any losses suffered as a result of their death. For example, a claim by a family when the deceased was earning wages which were shared with the family, and the family has now lost that support.
Who can claim damages under the Fatal Accidents Act 1976 and what expenses does it cover?
Close blood relations and those related by marriage or who have cohabited for over two years.
May also be able to claim a bereavement award and/or funeral expenses.
