REMEDIES AND DEFENCES

Question 1

What is the aim of damages ?

Answer 1

The aim of damages is to put the claimant back into the position they were in before the tort was committed

Question 2

Define Pecuinary losses

Answer 2

Losses that can be easily calculated in moneytary terms
examples; cost of hire car, damaged property, fares getting to and fro from the hospital

Question 3

Define Non Pecuinary losses

Answer 3

Losses which arae not wholly money based and they are difficult to quantify
examples; pain and suffering caused by injury, loss of amenity

Question 4

Define Special damages

Answer 4

Special damages are amount which can be calculated specifically up to the date of the court hearing
example; vehicle repairs,

Question 5

Define General damages

Answer 5

General damages are amounts for non pecuinary losses, lookiing forward from the date of court hearing

Question 6

Define Lump sum

Answer 6

These are claims focused onpain and suffering and loss of amenity. This is a one off payment.

Question 7

Defiine Structured settlement

Answer 7

This is a per month, or per year payment for a life time or specific time period.

Question 8

Explain Mitigation of loss with a case example

Answer 8

If there is a duty to mitigate loss, claimant must act reasonably and minimise cost for the defendant otherwise they would not be able to claim

Question 9

Define contributory Negligence

Answer 9

This is defined in the Law Reform Act 19455 as a partial defence when C is partly to take blame for their injuries.

Question 10

What are the three element to contributory negligence

Answer 10

Failure to take care ( Sayers V Harlow UDC 1958)
Contributing to harm ( O’Connell V Jackson)
100% reduction in damages ( James V IMI Kynoch)