Tort - Remedies

Question 1

What are the 4 general principles of remedies in tort?

Answer 1

1- mitigate
2- one action
3- restore
4- contributory negligence

Question 2

What are considered for non-pecuniary losses?

Answer 2

1- Pain and suffering

2- Loss of amenity

Question 3

What is considered when calculating damages for pain and suffering?

Answer 3

1- past, present and future pain/ mental anguish/ fear for surgery etc.
2- recovery time
3- dominant or non-dom limb

Question 4

Pain and suffering is assessed subjectively, so money cannot be claimed for periods of unconsciousness

Answer 4

Wise v Kaye

Question 5

What does loss of amenity cover?

Answer 5

Loss of enjoyment of life

Question 6

Loss of amenity is assessed objectively, so money can be claimed for periods of unconsciousness

Answer 6

West v Shephard

Question 7

What method is used to calculate loss of future earnings?

Answer 7

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)

Question 8

C may claim for lost years (shortened life expectancy/ working life)

Answer 8

Pickett

Question 9

Claimant can recover for the cost of care arising from injury sustained in the accident

Answer 9

Schneider

Question 10

Relative providing care can claim loss of earnings up to a commercial ceiling

Answer 10

Housecroft v Burnett

Question 11

Can claim for lost ability to be promoted in the future

Answer 11

Smith v Manchester Corp

Question 12

What deductions will be made/ not made from C’s damages?

Answer 12

1- Tax/ NI always deducted
2- Benefits deducted from pecuniary losses
3- Insurance payments, charity/ family help, ill-health pension payments not deducted

Question 13

What exceptions are there to the one action rule?

Answer 13

1- Provisional Damages e.g. loosing sight in one eye with risk it will go in the other
2- Periodic Payments

Question 14

What two statutes need to be reviewed for fatal claims?

Answer 14

1- Law Reform (Miscellaneous Previsions) Act 1934 (estate on C’s behalf)
2- Fatal Accidents Act 1976 (dependants)

Question 15

What can be recovered under the LR(MP)A 1934?

Answer 15

1- Survival period losses (pec and non-pec losses between tort and death)
2- Property damage
3- Reasonable funeral expenses

Question 16

What criteria must be satisfied for a person to claim on behalf of someone under the FAA?

Answer 16

1- Appear on the list of dependants in s1(3)

2- Was actually financially dependant on the deceased

Question 17

What can be claimed under the FAA?

Answer 17

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

Question 18

What is the multiplier method for damages for loss of dependancy?

Answer 18

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)

Question 19

What is the limitation period for claims under the LR(MP)A 1934/ FAA 1976?

Answer 19

3 years