Unit 1 : Dispute solving in civil law - Activity two Flashcards
exam content
What are Damages?
In a successful negligence case, the court will award the claimant an amount of money as compensation. This compensation is known as award of damages
What is the aim of damages?
To put the claimant in the position they were in before the tort occurred
Pecuniary loss
This is loss which can be easily calculated in money terms
Examples of Pecuniary loss
Costs of repair to a vehicle + cost of hire car
Non-Pecuniary loss
claims that cannot be specifically calculated because exact costs are not known
Examples of Non-Pecuniary loss
Pain and suffering + loss of amenity
Pain
The physical aspect
Suffering
Mental aspect
Loss of amenity
loss of ability to enjoy life through the use of the senses, such as loss of sight.
Special Damages
Damages which can be specifically calculated. These can only be calculated for Pecuniary loss up to the date of the trial
Examples of Special Damages
The cost of repairing a car after a road accident, loss of wages whilst in hospital, value of clothing or property that was destroyed + any other out of pocket expenses
General Damages
Damages that cannot be quantified precisely. These can be claimed for Pecuniary losses
Examples of General Damages
The Cost of the pain suffered from a broken leg that C suffered because of the negligence of a driver, + the emotional distress it has caused
What can special damages be claimed for?
- Loss of earnings to the date of the trial
- Medical expenses to the date of trial
- Cost of repairing + replacing goods
What can General Damages be claimed for?
- Pain and suffering
- Loss of Amenity
- Future Medical care and assistance
- Loss of future earnings
Pain and Suffering
Includes both mental + physical aspects, some factors taken into account are :
- time spent in hospital
- if injury was temporary or permanent
- loss to C’s life expectancy
Future Medical Care
Cost of a carer, + could mean D has to pay C for the rest of C’s lifetime
Loss of Future earnings
Claimant’s net annual loss for X number of earning years left = Damage for future loss of earnings
Lump Sum
This a one off payment, normally for smaller amounts
Structured Settlement
This sum is paid in periodic payments to meet individual claimant needs. The payment can be for the lifetime of the Claimant.
Mitigation of Loss
The claimant has a duty to keep their loss at a reasonable level. The law will not allow anyone to profit from their loss or to be in a better place after the negligence.
Defence of contributory negligence
In cases, where a claimant suffers damage/loss/injury, but is partly to blame, then the defendant can plead contributory negligence.
Law reform Act 1946:
This act provides that successful use of this defence will reduce the damages awarded to C.
D will still have to pay damages, but the amount will be reduced
What is element two of damages?
Legal Funding
Legal Funding
this is about how to fund taking a claim to court + getting legal advice and representation in court
what are the three routes of funding?
- Your own resources
- Legal aid
- Conditional fee agreement
Application of own resources :
consider if c is employed, if unemployed then how long have they been unemployed? + is their income over 30,000
Application of Legal aid :
Do not apply this in the exam as it does not apply to tort!!
Application of Conditional fee agreement
part/all of the solicitor’s fee will be covered by the client only if solicitors win the case
What is element 3 of damages?
Legal advice and representation
Solicitors for legal advice
- will give legal advice to their clients
- advise them on any legal action
- advise to them what the law is + what their rights are
- can negotiate on behalf of their clients
Application of solicitors for element 3 :
expensive, clients might have to use legal funding to pay for them
Citizens Advice Bureau
- independent advice charity that provides free, confidential + impartial advice
- try to help their clients move foward
- advice on many issues such as ; employment, consumer complaints
Application of Citizens Advice Bureau for element 3 :
services are free so accesible, refer to in exam
The internet
plenty of advice on legal matters, good website, lawsociety
application of the internet for element 3:
free, so refer to in exam
Barristers
- only 16,000 of them
- main function is advocacy
- can represent in court
application of barristers for element 3:
if entitled to legal aid, will cover the fee
Pro-Bono
- barristers doing legal work free of charge
- typically involves law students
- in depth knowledge of issues the communities face
application of barristers for element 3
free, accesible to everyone, refer to in exam
Law Centers
- specalise in social welfare law
- source of help and advice
- offer legal advice + representation to individuals
application of Law Centers for element 3
free, accesible to everyone, refer to in exam
Trade Unions
- Legal services for their members
- employment issues
application of Law Centers for element 3
not free, only free for their members, mention if relevant in scenario
Insurance Companies
- optional feature of a household or car insurance policy
- company instructing a solicitor on client’s behalf
application of Insurance Companies for element 3
have to be paying for insurance in order to access it, only mention if relevant in scenario
