Tort Unit 4 SBAQs Flashcards
Which ONE of the following is an example of non- pecuniary loss?
A. Loss of future earnings
B. Damages for future loss of dependency
C. Pain and suffering
D. Loss of earnings up to the date of trial / settlement
E. Cost of medical treatment
F. Cost of damaged property.
The correct answer is C. Pain and suffering is an example of non pecuniary loss.
All the other losses are financial (pecuniary) losses.
Which ONE OR MORE of the following are examples of general damages?
A. Damages for pain and suffering
B. Damages for loss of earnings up to the date of trial / settlement
C. Damages for loss of future earnings
D. Damages for future loss of dependency
The correct answers are A, C and D. General damages are those which cannot be precisely calculated. So, this covers damages for pain and suffering, future loss of earnings and future loss of dependency. The claimant’s lawyer can prepare a calculation predicting expected future loss of earnings or dependency, but the amount to be awarded must still be assessed by the judge (or on settlement).
By contrast, special damages are those which can be precisely calculated. So, this would cover lost earnings up to the date of trial / settlement.
A five year old child is seriously injured in a road traffic accident. The evidence is that the child will never be able to work.
Is the following statement TRUE or FALSE?
As the child is only five years old and will never be able to work, it is impossible sensibly to assess any future loss of earnings claim. The child will, therefore, not be entitled to claim for future loss of earnings.
The statement is false. The child is entitled to future loss of earnings even though it is difficult to assess.
Darren is injured in an accident at work caused by his employer’s negligence. He is absent from work for six weeks. He is unable to cook for himself or do other household chores because of the injury, so his mother Miranda helps him out. She is not put to any financial loss as she is retired.
Is the following statement true or false?
Miranda will be able to bring a claim for the time she has spent looking after Darren.
The statement is false.
Darren will include the cost of care as part of his claim. Miranda cannot make a separate claim herself.
Is the following statement TRUE OR FALSE?
A new cause of action is created for the benefit of the estate of a deceased claimant, provided that the death of the deceased was caused by the actions of the defendant.
This statement is false. It is incorrect in a number of respects.
First, it is true that any cause of action which the deceased had at the date of death survives for the benefit of the deceased’s estate. A new cause of action is not created: the existing cause of action vested in the deceased is preserved for their estate.
Second, the statement above applies whenever a claimant dies, whether or not the death was caused by the defendant.
Finally, the same principle also applies where a defendant dies. It preserves any cause of action which existed against the deceased at the time of death, so that the claim can be pursued against the estate of the deceased.
Which ONE of the following statements about the claim on behalf of a deceased claimant’s estate is CORRECT?
A. The claim will compensate the dependants of the deceased for the losses incurred during the deceased’s period of survival.
B. The claim will compensates the deceased’s estate for the deceased’s loss of earnings after the deceased died.
C. The claim compensates the dependants of the deceased for their losses from the date of death.
D. The claim compensates the deceased’s estate for the losses incurred during the survival period.
D is the correct answer.
A and C are incorrect as these statement cover claims that dependants can bring and not the claim on behalf of the deceased’s estate.
B is incorrect as the claim on behalf of the deceased’s estate only compensates for loss of earnings during the survival period between the tort and death
Which ONE OR MORE of the following are requirements which a claimant must fulfil in order to be able to claim damages for loss of dependency?
A. The claimant must be financially dependent on the deceased
B. The claimant must be under 18 years of age
C. The claimant must be in full time education
D. The claimant must be within the class of persons that are entitled to claim
The correct answers are A and D. In order to be able to claim damages for loss of dependency a person must be financially dependent on the deceased (either currently or have a reasonable expectation of future financial support).
The person must also be within the class of persons entitled to claim.
Ben was killed due to the defendant’s negligence. He leaves a wife, Sarah, and a child, Sam. Ben was the breadwinner. Sam is 19 and Ben was supporting him through university. Ben was also in business with his brother Jon. Jon thinks he will have to close down the business because of Ben’s death.
Which ONE OR MORE of the following statements are correct?
A. Sarah will be able to claim for loss of dependency for the period up to Ben’s retirement age.
B. Sam will be able to claim for loss of dependency for the period up to Ben’s retirement age.
C. Jon will not be able to claim for loss of dependency.
D. Sam will be able to claim damages for bereavement
Answers A and C are correct. Sarah will be able to claim for loss of dependency for the period up to Ben’s retirement age as that is the likely period of loss. Sam will not be able to claim for loss of dependency for the period up to Ben’s retirement age as once he has left university and is working as he will no longer be dependent on Ben. Sam will not be able to claim bereavement damages. Only Sarah will have this claim. Jon will not be able to claim for loss of dependency as the loss results from a business relationship.
Cameron, aged 14, is involved in a road traffic accident and dies immediately from his injuries. He leaves behind his mother Sue, his father Matthew and his 5 year old brother Angus. Sue and Matthew had never married.
Is the following statement TRUE or FALSE?
Both Sue and Matthew will have a claim for bereavement damages. However, Angus will have no claim.
The statement is false. Only Sue has a claim for bereavement damages. Matthew will not have a claim as he and Sue were not married. Only the mother of an illegitimate child can bring a claim. Angus has no claim.
Damages for bereavement can only be claimed by a wife, husband, civil partner or cohabiting partner who was living in the same household immediately at the date of the death and for 2 years before that date ; or by parents where the deceased was an unmarried minor child. The unmarried father of the child is not entitled to bring a claim for bereavement.
A solicitor acts for the estate of a person who was killed when a driver negligently collided into them. The defendant’s insurer has admitted liability. The deceased was a single parent of a daughter aged 18. The daughter has a place to go to university full-time later in the year. Under the deceased’s will they left all of their estate to their daughter. The estate has been valued at £1.5 million.
Which of the following statements best explains whether the deceased’s daughter’s claim for loss of dependency will be successful?
A. Yes, because the deceased’s daughter is on the statutory list of people who can claim.
B. Yes, because the daughter was clearly financially dependent on the deceased.
C. Yes, because the deceased’s daughter is on the statutory list of people who can claim and they were clearly financially dependent on the deceased.
D. No, because the daughter is aged 18 and, therefore, an adult.
E. No, because the daughter is due to inherit £1.5 million and cannot, therefore, be said to be financially dependent upon the deceased.
C is the correct answer as it sets out the two criteria that must be satisfied for a successful claim for dependency under the Fatal Accidents Act 1976 – they must be both on the statutory list of people who can claim and be financially dependent on the deceased. The daughter satisfies both criteria as a child of the deceased who was financially dependent on the deceased (see below).
A and B are incorrect as they do not set out both criteria.
D is incorrect because, while generally a child’s period of dependency ends when they reach the age of 18, it is extended where the child is in, or as here, expected to be in full-time education.
E is incorrect as any moneys a dependant is due to inherit from the deceased are disregarded under the Fatal Accidents Act 1976.
A solicitor acts for the estate of a mother who was negligently killed in a workplace incident. The defendant’s insurer has admitted liability. The deceased had a spouse and twin children aged 6 months.
Which of the following statements best explains whether the deceased’s children’s claim for damages for bereavement will be successful?
A. Yes, the children have clearly suffered sorrow and grief as a result of their mother’s death. The amount will be determined by the court.
B. Yes, the children have clearly suffered sorrow and grief as a result of their mother’s death. The amount of damages is a fixed sum.
C. Yes, because the children are on the statutory list of people who can claim. However, the damages will split between the children and the deceased’s spouse.
D. No, because the award of damages for bereavement is a matter of the discretion of the court and, because of their age, it cannot be said that the children have suffered sorrow and grief as a result of their mother’s death.
E. No, because the children are not on the statutory list of people who can claim.
E is correct, the children will not receive the award because they are not on the statutory list of people who can claim. The spouse will receive the award (in full) as they are on the statutory list.
A is wrong because the criteria for a claim is not whether the claimant has suffered sorrow and grief as a result of the death. It is also incorrect that the amount will be determined by the court.
B is correct in so far as the award is a fixed sum (currently £15,120), but states the wrong criteria for a claim.
C is incorrect as children are not on the statutory list of people who can claim. It is incorrect, therefore, that the award would be shared with the deceased’s spouse. The spouse would receive the whole award (it is correct that, if there were more than one person who was entitled to the award, it would be split between them).
D is incorrect because it states the wrong criteria and because the court has no discretion on whether the claimant should receive the award or not.
A claimant was seriously injured in an accident. While crossing a road, she was hit by a car driven by the defendant. It is not until five months after the accident that the claimant recovers enough to fully understand the nature of her situation and that the defendant was responsible. A consultant overseeing the claimant advises that she will be unable to return to work.
Which of the following statements best describes the option open to the claimant?
A. The claimant may sue the defendant for negligence and seek damages for her pain, suffering and loss of amenity.
B. The claimant may sue the defendant for negligence and seek damages for her pain, suffering and loss of amenity from the date of the trial.
C. The claimant may sue the defendant for negligence and seek damages for her loss of earnings from the date of the accident to the trial.
D. The claimant may sue the defendant for negligence and seek damages for her pain suffering and loss of amenity from the date of the accident and pure economic losses.
E. The claimant may sue the defendant for negligence and seek special damages and general damages.
Option E is correct because it accurately describes the different heads of loss the claimant can recover. The claimant may sue the defendant for negligence and seek special damages i.e. those that are capable of precise calculation at the time of the trial, and general damages i.e. those losses which are not capable of being calculated precisely and are left for a court to determine. General damages include pain suffering and loss of amenity and all losses incurred after the trial.
Option A is wrong because it is incomplete and does not refer to the special damages or future losses.
Option B is wrong because damages for pain suffering and loss of amenity are recoverable from the date of the accident, not the date of the trial. It also does not refer to other losses she can recover.
Option C is wrong because it does not refer to general damages. The loss of earning will extend into the future not just up to the date of the trial.
Option D is wrong because pure economic loss is only recoverable if there is a special relationship between the parties which is not the case in this scenario.
The claimant is a specialist machine tool operator whose hand was crushed in a setting machine. Their employer has admitted liability. The claimant earned £30,000 net prior to the accident with the expectation that they would have been promoted to a position with a salary of £40,000 net. Medical evidence confirms that the claimant will never be able to return to their previous occupation. However, the medical evidence also confirms that they should be able to return to work in a less skilled occupation earning £15,000 net. The claimant is 30 years old and plans to retire at 65.
Which of the following statements best explains how the claimant’s claim for future loss of earnings should be calculated?
A. Multiplier (35) x Multiplicand (£25,000 (£40,000 minus £15,000)).
B. Multiplier (35) x Multiplicand (£40,000).
C. Multiplier (35.11) x Multiplicand (£25,000 (£40,000 minus £15,000)).
D. Multiplier (35.11) x Multiplicand (£30,000).
E. Multiplier (35.11) x Multiplicand (£40,000)
C is the correct answer. The multiplier is correct because applying the current discount rate of minus 0.25% will increase the multiplier from 35 (years) to 35.11 using the Ogden tables. (Note, you are not expected to know the actual multiplier, only that it will increase using the current discount rate of minus 0.25%). The multiplicand is also correct because it takes into account both the claimant’s promotion prospects and also the claimant’s prospects of doing a less well paid job. The figure of £25,000 is correct as it is the claimant’s annual loss of future earnings.
A is incorrect as the multiplier is based upon the number of years that the claimant will not be able to work in their chosen occupation (here 35 years until they would have retired), but it must be adjusted in accordance with the discount rate using the Ogden tables.
B is incorrect for the same reason but also because the multiplicand is incorrect. While the multiplicand can be adjusted to take into account the claimant’s promotion prospects, it should also take into account the claimant’s prospects of doing a less well paid job. This is an aspect of the claimant’s duty to mitigate their loss.
D and E are incorrect because, while the multiplier is correct, the multiplicands are wrong.
A widow consults a solicitor about a possible claim on her husband’s death. She tells the solicitor that her husband died 3 weeks after an accident at work. The accident involving a vat of boiling glue. Her husband was badly burned when machinery broke off and fell into the boiling glue. The resulting splashes caused severe burns from which he later died. He was not wearing his personal protective equipment at the time as he found it uncomfortable.
The employer has not paid anything in respect of the death, but her husband took out life insurance when their son was born which has paid out £200,000 to the widow.
Which of the following statements is correct?
A. The insurance policy will be ignored in calculating any damages to be paid to the widow.
B. The employer would not be able to argue the defence of contributory negligence as this is a claim on death.
C. The widow would be able to claim damages under the Fatal Accidents Act 1976 for her husband’s loss of earnings between the accident and death.
D. If the widow inherited under her husband’s will, this would reduce the amount of damages which she would be entitled to for a successful claim.
E. The widow would be entitled to claim for her husband’s pain and suffering as part of her claim under the Fatal Accidents Act 1976.
Option A is the correct answer. Any insurance payable will be ignored in calculating the claims under the Law Reform (Miscellaneous Provisions) Act 1934 and FAA 1976.
Option B is wrong because the employer is able to argue the partial defence of contributory negligence in a fatal claim. Here the deceased failed to take reasonable care for his own safety and this contributed to the harm suffered, so the damages awarded to the estate or dependants may be reduced.
Option C is wrong because damages for the period between the tort and death are not recoverable under the FAA. They are recoverable under the LR(MP)A 1934.
Option D is wrong because any benefit received under the will of the deceased would be ignored in calculating the claim.
Option E is wrong because damages for pain suffering and loss of amenity are not available under the FAA but under the LR(MP)A.
A client instructs a solicitor following a road traffic accident involving their spouse. The client’s spouse suffered injuries from the accident, survived for a period of two months but then died as a result of their injuries. The client alleges that the road traffic accident occurred as a result of another driver’s negligence. At the time of the accident the client’s spouse worked as a managing director of a large supermarket chain. The client is the sole beneficiary under their spouse’s will. The reasonable funeral expenses have been paid by the estate.
Which one of the following options correctly describes the damages recoverable by the client in the event that they establish the other driver was negligent?
A. Under the Law Reform (Miscellaneous Provisions) Act 1934 the client will be entitled to receive a bereavement award.
B. Under the Law Reform (Miscellaneous Provisions) Act 1934 the client will be entitled to recover damages for their loss of dependency.
C. Under the Law Reform (Miscellaneous Provisions) Act 1934 the client will be entitled to recover, on behalf of her husband’s estate, damages for the pain, suffering and loss of amenity suffered by their spouse during the two month survival period.
D. Under the Fatal Accidents Act 1976 the client will be entitled to recover their spouse’s funeral expenses.
E. Under the Fatal Accidents Act 1976 the client will be entitled to recover compensation for property belonging to their spouse which was destroyed during the road traffic accident.
Option C is correct because under the Law Reform (Miscellaneous Provisions) Act 1934 the client will be entitled to recover, on behalf of her husband’s estate, damages for the pain, suffering and loss of amenity suffered by their spouse during the two month survival period.
Option A is wrong because a bereavement award is recoverable by the spouse of the deceased under the Fatal Accidents Act 1976, not under the Law Reform (Miscellaneous Provisions) Act 1934.
Option B is wrong because loss of dependency is recoverable under the Fatal Accidents Act 1976, not under the Law Reform (Miscellaneous Provisions) Act 1934.
Option D is wrong because where funeral expenses are reasonable in amount and paid by the estate, they are recoverable under the Law Reform (Miscellaneous Provisions) Act 1934 and not under the Fatal Accidents Act 1976.
Option E is wrong because the client will be entitled to recover, on behalf of her husband’s estate, compensation for property belonging to their spouse which was destroyed during the road traffic accident under the Law Reform (Miscellaneous Provisions) Act 1934 not under the Fatal Accidents Act 1976.
