Tort Law: Damages Flashcards

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1
Q

What is the purpose of damages?

A

To put the claimant in the position they would have been in had the negligent event not occurred.

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2
Q

What is contributory negligence?

A

Where the award of damages are reduced if the claimant is partly responsible for losses.

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3
Q

What is quantum?

A

The amount of damage is likely to be awarded.

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4
Q

What are special damages?

A

Damages that cover the period up to the trial and cover claims that can be calculated. For example, medical expenses, loss of earnings up to the date of trial.

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5
Q

What are general damages?

A

Damages that cover the period after the trial, for example, pain, suffering and loss of amenity, future medical care.

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6
Q

How are damages paid?

A

Lumpsums = appropriate for loss.

Periodic payments = regular payments to meet individual needs.

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