REMEDIES & Defences P1-SB Flashcards
What is the aim of Remedies in tort law?
Compensatory damages aim to put C back into the position they were in before D’s negligence happened to them.
What must C prove?
C must prove that they had suffered a loss as a result of D’s negligence.
What are Pecuniary losses?
(Give Examples)
Losses that can be easily calculated in money terms. EXAMPLES: cost of car hire, damaged property, fares getting to and from hospital.
What are Non-pecuniary losses? (Give Examples)
Losses which are not wholly money-based and therefore difficult to quantify.
EXAMPLES: pain and suffering caused by injury, loss of amenity/changes in lifestyle.
What will the courts decide?
The court will then decide what damages should be awarded to C.
What are Special damages? (Give Examples)
Amounts which can be calculated specifically, up to the data of the court hearing. Awarded for pecuniary losses.
EXAMPLES: vehicle repairs, cost of hiring car, loss of earning up to court date, costs of any medical treatment not covered by NHS.
What are General damages? (Give examples)
Amounts for non-pecuniary losses, looking forward from the date of the court hearing. Speculative because the future cannot be predicted.
EXAMPLES: an arbitrary amount for pain and suffering, loss of amenity, projected future loss of earnings, future expected medical expenses.
What are lump sums?
Lump sums are one-off payments. They are used for claims focused on pain and suffering and loss of amenity, the courts can only award a lump sum.
What are structured settlements?
The Damages Act 1996 allows for parties to agree to structure settlements- Periodical payments which can be per month or per year, for life or for a specific time period. The amount paid can be reassessed at intervals to make sure the value is still appropriate.
What is the aim of defences in tort law?
Defences are available to the defendant when being sued. D argues that C was at fault, and therefore compensation should be reduced to reflect this.
DEFENCES: CONT NEG : Explain Failing to take care.
This defence involves showing that C did not take appropriate care in the situation.
C is expected to act like a reasonable person would have in taking care of themselves in light of D’s negligence.
DEFENCES:CONT NEG: Explain Contributing to the harm.
C’s own negligence must have helped to cause the injuries suffered, despite the defendants fault.
DEFENCES: Explain 100% Reduction.
Although rare, it has been possible for the court to reduce damages by 100%. This is usually where an employer has an unavoidable statutory duty to keep employees safe.
DEFENCES: Explain Knowledge of the Risk.
C must have knowledge of the risk which is subjective rather than objective.
It is not enough for C to know of the existence of a risk, they must fully understand the nature of the actual risk.
