Remedies Flashcards

1
Q

Physical injury or damage to property

A
  • compensation is awarded to successful claims
  • this award is known as damages
  • ## this award aims to put the claimant in the same position they were in if the tort has not been committed as far as money can do
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2
Q

Types of loss

A

Pecuniary loss
- easily calculated in money terms
- e.g hiring a car
- medical bills
Non pecuniary loss
- not wholly money based
Loss of amenity or change of lifestyle
- pain and suffering as a result of an accident
- not being able to play a sport any longer

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3
Q

Special damages ( pecuniary )

A

These can be calculated specifically up to the date if the trial or settlement.
Can include damage to property
Also include loss of earning while recovering from the accident

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4
Q

General damages non pecuniary

A

These look forward from the trial or settlement date
An amount for pain or suffering
Loss of amenity( quality of life )
Future loss of earnings
Future medical expenses including adapting cars or houses for specialist care

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5
Q

General damages

A

These will need evidence to support as they can be speculative
- this may include medical evidence of the effect of the accident on the victim
- future loss of earnings will be an annual calculation

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