remedies in tort Flashcards
what will the defendant receive if their claim is successful
damages
what is the problem with damages if the claimant has suffered a big loss
money can’t put the claimant back into the position they were in before
what are the two way damages can be calculated
pecuniary
non-pecuniary
what are pecuniary damages
damages that can mean calculated/measured in monetary terms
what are non-pecuniary damages
not economic in nature
what are the two types of damages
special damages
general damages
what are special damages
pre trial losses
are special damages pecuniary or non-pecuniary
pecuniary
give an example of special damages
lost wages
property damage
travel expenses
what are heads of damage (special)
categories for which damages may be recovered
give an example of heads of damage (special)
loss of earnings
expenses
loss of earnings
damage to property
how are loss of earnings calculated
on a net basis
payslips used for proof
how is damage to property calculated
value of property lost at time of accident
cost of repair if possible
are general damages pecuniary or non-pecuniary
can be both
what are general damages
post trial losses
what are the 2 elements of general damages
1damages for the effects of the injury
2damages for future financial losses
how can damages for the effects of the injury be defined
pain suffering
loss of amenity
how will the ammount of damages for someone in pain and suffering be calculated
based on medical evidence and other evidence in court
subjective test
assessment of the c past and future position
jc guide lines
what is a loss of amenity
a reduction in the ability to perform every day tasks
heads of damage(general)
pain and suffering
loss of amenity
future expenses
how does the court decide the ammount of damages you receive if you have a set time left to live + case
the loss of earnings up to retirement age
picket v british rail engineering Ltd
what are future medical expenses
the damages given to cover the expense of future care needed even if done privately
how can damages be paid
lump sum
structured settlement
what is a lump sum
where the damages are paid in one go
what is a structured settlement
damages are paied in intervals
what act allows structured settlement
damages act 1996
what is mitigation of loss
the c must keep their losses to a minimum
what is contributory negligence
if the c as contributed to the losses then a % of their damages will be deducted
