Torts

Question 1

Seatbelt/helmet reduction contributory negligence

Answer 1

Could have been avoided: 25%
Would have been less severe: 15%
No difference: 0%

Question 2

When will rescuers be contributorily negligent?

Answer 2

Only if shows a wholly unreasonable regard for their own safety

Question 3

What are damages for personal injury made up of?

Answer 3

1) Pain and Suffering (subjective test)

Covers anguish of knowing life expectancy has been reduced

2) Loss of Amenity (objective test)

One figure to cover both

Question 4

What will be deducted for lost years of earning when life expectancy is reduced?

Answer 4

The amount C would have spent on themselves not their dependants

1) Married with dependent children: 25%

2) No dependents: 35%

Different deductions can be argued

Question 5

List of Claimants who can bring loss of dependency claim under Fatal Accidents Act

Answer 5

1) Current and former spouses and civil partners

2) Cohabitees (2 years living together)

3) Parents

4) Children (including treated as own child)

5) Siblings

Must have been actually financially dependent on deceased

Deduction:
Married with children: 25%
Married without/older: 33%

Question 6

How are bereavement damages calculated?

Answer 6

By way of fixed sum: 15,120 and if parents shared equally