The Law Of Tort Flashcards
what damages can they claim for
Special damages
These pecuniary losses can be calculated specifically
Loss of earnings up date of trial
Repair or replacement costs
Transport costs
how can cost care be recover
Private medical care including costs of specialist can be claimed
NHS hospitals can recover the cost of treating accident victims from insures
what could a relative who gave up work claim
recover loss of earrings
what can be claim when recovering loss of date
Earnings from the date of the accident to the trial
Can include loss of fringe benefits
Liable to tax deductions
what is the Multiplicand when calculating future loss
Calculate net earnings
what is the multiplier when calculating future loss
Reduces the no. of years to allow for return on investment
how to calculating future loss
Multiply the multiplicand by the multiplier
how to claim lost of years with tort
victim may die early as a result of his injuries, can still claim the income that he would have received if his normal earning life had not been shortened
if a permanently unconscious C cannot what
cannot receive damages for pain and suffering
how is pain and suffering typically awarded
previous cases are used as benchmarks
when is a damages in a lump sum
Damages awarded as a lump sum which the claimant is expected to invest
what is structed settlement when claiming damages
Only part of the total is paid as a lump
Remainder is invested to provide periodic payments
what can the dependants be in the fatal accidents act 1976
dependants of the deceased can claim damages for loss of support
Financial dependency must be shown and funeral expenses can be claimed
what is duty to mitigate
Where damage is caused to property, the law imposes on the claimant a duty to mitigate (reduce) his loss
what is a injunction in tort
An injunction is usually an order to stop a person from doing something.
what happens when you breach an injunction
If a person breaches an injunction they can be punished for being in contempt of court. This could mean going to prison for up to two years, although a fine is more likely.
case link to injunction
Coventry v Lawrence (2014)
what happen in Coventry v Lawrence (2014)
which stated that if the loss or inconvenience suffered by the claimant is slight, then damages could be considered as a more suitable alternative. It is for the defendant to argue that damages are more suitable than an injunction.
what is a interim injunction
- given to stop someone from carrying out an activity until a final decision can be made
e.g D about to demolish a building- an interim injunction might be made quickly and final decision made later.
what is final injunction
is granted at the conclusion of proceedings and will either last to a specified date, or indefinitely. Generally speaking, the burden of proof upon the claimant for final injunction is higher than it is for an interim injunction
what is a mandatory injunction
to order a party to do something
what is prohibitory injunction
most usual type- to stop someone from doing something
