Tort - Remedies Flashcards
What are the 4 general principles of remedies in tort?
1- mitigate
2- one action
3- restore
4- contributory negligence
What are considered for non-pecuniary losses?
1- Pain and suffering
2- Loss of amenity
What is considered when calculating damages for pain and suffering?
1- past, present and future pain/ mental anguish/ fear for surgery etc.
2- recovery time
3- dominant or non-dom limb
Pain and suffering is assessed subjectively, so money cannot be claimed for periods of unconsciousness
Wise v Kaye
What does loss of amenity cover?
Loss of enjoyment of life
Loss of amenity is assessed objectively, so money can be claimed for periods of unconsciousness
West v Shephard
What method is used to calculate loss of future earnings?
Multiplier method:
NET annual earnings (inc. bonuses/ perks, exc. inflation)
x
Period of loss from trial (reduced for early receipt and contingencies of life (e.g. redundancy)
C may claim for lost years (shortened life expectancy/ working life)
Pickett
Claimant can recover for the cost of care arising from injury sustained in the accident
Schneider
Relative providing care can claim loss of earnings up to a commercial ceiling
Housecroft v Burnett
Can claim for lost ability to be promoted in the future
Smith v Manchester Corp
What deductions will be made/ not made from C’s damages?
1- Tax/ NI always deducted
2- Benefits deducted from pecuniary losses
3- Insurance payments, charity/ family help, ill-health pension payments not deducted
What exceptions are there to the one action rule?
1- Provisional Damages e.g. loosing sight in one eye with risk it will go in the other
2- Periodic Payments
What two statutes need to be reviewed for fatal claims?
1- Law Reform (Miscellaneous Previsions) Act 1934 (estate on C’s behalf)
2- Fatal Accidents Act 1976 (dependants)
What can be recovered under the LR(MP)A 1934?
1- Survival period losses (pec and non-pec losses between tort and death)
2- Property damage
3- Reasonable funeral expenses
What criteria must be satisfied for a person to claim on behalf of someone under the FAA?
1- Appear on the list of dependants in s1(3)
2- Was actually financially dependant on the deceased
What can be claimed under the FAA?
1- Damages for loss of dependency (calculated using multiplier method)
2- £12, 980 bereavement allowance ONLY for spouse or parents of child
3- Reasonable funeral expenses
What is the multiplier method for damages for loss of dependancy?
Salary (minus amount spent on self (33/25) and contributory negligence
x
Period of dependency (retirement age for spouse, date at which children leave education)
What is the limitation period for claims under the LR(MP)A 1934/ FAA 1976?
3 years
