remedies in tort

Question 1

what will the defendant receive if their claim is successful

Answer 1

damages

Question 2

what is the problem with damages if the claimant has suffered a big loss

Answer 2

money can’t put the claimant back into the position they were in before

Question 3

what are the two way damages can be calculated

Answer 3

pecuniary
non-pecuniary

Question 4

what are pecuniary damages

Answer 4

damages that can mean calculated/measured in monetary terms

Question 5

what are non-pecuniary damages

Answer 5

not economic in nature

Question 6

what are the two types of damages

Answer 6

special damages
general damages

Question 7

what are special damages

Answer 7

pre trial losses

Question 8

are special damages pecuniary or non-pecuniary

Answer 8

pecuniary

Question 9

give an example of special damages

Answer 9

lost wages
property damage
travel expenses

Question 10

what are heads of damage (special)

Answer 10

categories for which damages may be recovered

Question 11

give an example of heads of damage (special)

Answer 11

loss of earnings
expenses
loss of earnings
damage to property

Question 12

how are loss of earnings calculated

Answer 12

on a net basis
payslips used for proof

Question 13

how is damage to property calculated

Answer 13

value of property lost at time of accident
cost of repair if possible

Question 14

are general damages pecuniary or non-pecuniary

Answer 14

can be both

Question 15

what are general damages

Answer 15

post trial losses

Question 16

what are the 2 elements of general damages

Answer 16

1damages for the effects of the injury
2damages for future financial losses

Question 17

how can damages for the effects of the injury be defined

Answer 17

pain suffering
loss of amenity

Question 18

how will the ammount of damages for someone in pain and suffering be calculated

Answer 18

based on medical evidence and other evidence in court
subjective test
assessment of the c past and future position
jc guide lines

Question 19

what is a loss of amenity

Answer 19

a reduction in the ability to perform every day tasks

Question 20

heads of damage(general)

Answer 20

pain and suffering
loss of amenity
future expenses

Question 21

how does the court decide the ammount of damages you receive if you have a set time left to live + case

Answer 21

the loss of earnings up to retirement age
picket v british rail engineering Ltd

Question 22

what are future medical expenses

Answer 22

the damages given to cover the expense of future care needed even if done privately

Question 23

how can damages be paid

Answer 23

lump sum
structured settlement

Question 24

what is a lump sum

Answer 24

where the damages are paid in one go

Question 25

what is a structured settlement

Answer 25

damages are paied in intervals

Question 26

what act allows structured settlement

Answer 26

damages act 1996

Question 27

what is mitigation of loss

Answer 27

the c must keep their losses to a minimum

Question 28

what is contributory negligence

Answer 28

if the c as contributed to the losses then a % of their damages will be deducted