Remedies- Damages Flashcards
What are damages
Monetary compensation paid from the D to the C
What is the nature/purpose of damages
Put C in position as if negligence not occurred
Not leave C in preferable position
What are the 2 things considered when deciding on damages
- Types of loses
- Types of damages
What are the 2 different types of loses
Pecuniary losses
Non-pecuniary losses
What are pecuniary losses, give an example
Have an Identifiable financial value (earnings, medical costs)
What are non-pecuniary losses, give an example
Have no easily identifiable financial value (pain, suffering)
What are the 2 different types of damages
Special damages
General damages
What are special damages and when can they be used
They can be assessed with level of accuracy
Are for pecuniary loses
What are general damages and what can they be used for
Are difficult to calculate
Are for non-pecuniary losses or future pecuniary losses
There are no limits to the number of ‘heads’ a C may seek
What are the 3 common heads that a C may seek
- Pain/suffering/loss of amenity (physical or mental suffering or reduction of quality of life)
- Future medical care/ personal assistance (if cared for by relative- get compensation for loss of earnings)
- Loss of future earnings (calculate- C’s net annual loss X number of earring years left)
What is mitigation of loss
Where C is under a duty to mitigate losses by taking reasoable action
For mitigation of loss, when will c not be entitled to damages
If they could have prevented the damage occurring
What is damage for pain/suffering often pay off in
A lump sum
What act introduced structured settlements
Damages act 1996- can be given for a set term or for life
When are structured settlements most appropriate to be used
Where the C is likely to incur further pecuniary losses because of ongoing care/therapy
