Unit 4 - Remedies

Question 1

define special vs general and Pecuniary vs non pecuniary DAMAGES

Answer 1

• General Damages: those losses which are not capable of being calculated precisely and are therefore left to the court to determine. They must till be stated but no definitive figure can be placed on them. (pain, suffering, loss of amenity and all post-trial losses)
  
  • Special Damages: those losses which are capable of being calculated precisely at the time of the trial and which are stated in the form of a calculation. This covers financial losses incurred before trial.
  • Pecuniary Losses: capable of mathematical calculation in money terms. These may have been suffered pre or post rial, can be calculated in terms of money. (loss of earnings or medical expenses)
    Non-Pecuniary Losses: not capable of being calculated in money terms. (personal injury)

Question 2

describe the different acts available for claims when a claimant has died

Answer 2

1. The Law Reform - Miscellaneous Provisions - Act 1934, which governs claims on behalf of the estate of the deceased.
   
   2. The Fatal Accidents Act 1976. The main head of damage under this Act is a claim by dependants of the deceased for their loss of dependency.

Question 3

who received bereavement damages ?

Answer 3

only spouses or civil partners