Tort Law - Remedies

Question 1

Give some examples of “general damages” and provide a definition.
vs.
Give some examples of “special damages” and provide a definition.

Answer 1

GENERAL DAMAGES (future losses which cannot be proven or non-quantifiable losses)
- Compensation (pain, suffering and loss of amenity),
- Loss of future earning after the date of the trial, [this cannot be proved specifically, so it is general / unquantifiable]
- Cost of adapting one’s home, e.g. for injury or disability,
- Any medical expenses that C will incur after the trial.

SPECIAL DAMAGES (known, quantifiable losses).
- Loss of earnings up to date of trial,
- Known cost of repairing a car or home,
- Any medical care expenses incurred before the trial.

Question 2

What is the main of damages as a remedy in tort?

Answer 2

Damages are supposed to put the Claimant in the position they would have been in had the tort not happened.

Question 3

When someone dies as a result of a tort / tortious action, explain the effect of these two statutes:
- Law Reform (Misc. Provisions) Act 1934
- Fatal Accidents Act 1976

Answer 3

Law Reform (Misc Provisions) Act 1934:
The deceased’s estate can claim for any losses suffered by the deceased up until the point of his death

Fatal Accidents Act 1976:
Certain family members can claim compensation if they depended on the deceased, even a potential bereavement award and/or funeral expenses.