unit 5 Flashcards
Why is it important for the courts to ensure consistency in awards of damages for pain and suffering and loss of amenity?
Consistency is important to achieve fairness. However, it is also important for practical purposes. Claimants and defendants are likely to wish to settle claims rather than litigating, if possible because this saves costs for both parties. In order to settle, the parties need to be able to predict accurately the amount of damages a court would award for a successful claim.
) How do the courts ensure such consistency?
Consistency is achieved by basing awards of damages on those in previously decided cases. The courts and the parties will initially refer to the Judicial College Guidelines for the Assessment of General Damages in Personal Injury cases.
What does impecunious mean?
Impecunious means that a person lacks money – so use this to remind you of the distinction between pecuniary and non-pecuniary damages, as follows:
What kinds of loss are covered by pecuniary damages?
Pecuniary damages cover financial losses – such as loss of salary, costs of medical treatment, and the value of damaged property.
What kinds of loss are covered by non-pecuniary damages?
Non-pecuniary damages cover intangible losses such as pain and suffering and loss of amenity.
The Law Reform (Miscellaneous Provisions) Act 1934 allows a claim to continue for the benefit of a deceased claimant’s estate. What will that claim cover?
The claim covers the losses suffered by the deceased in the period from the accident to the date of death. This will cover any pain suffering and loss of amenity suffered by the deceased up to the time of death and any financial loss suffered during that period including property damage. These damages are assessed in the same way as they would be for a living claimant. However, there is no claim under this Act for future financial loss in the period after death. The claim will also cover funeral expenses paid by the estate.
What is the precondition which must be satisfied before any claim can arise under the Fatal Accidents Act 1976?
A claim under the Fatal Accidents Act 1976 is made for the benefit of dependants of the deceased (and for bereavement). As a precondition to any claim under Fatal Accidents Act 1976 the deceased must have had a valid claim in tort against the defendant.
Where a person claims loss of dependency under the Fatal Accidents Act 1976, what two conditions must they satisfy (in addition to the one identified in the preceding question)?
Where a person claims loss of dependency under the Fatal Accidents Act 1976, both of the following conditions must be satisfied:
They must fall within the categories of dependant listed in the statute.
They must have suffered a loss of financial support from the deceased.
So, someone who is listed in the Act as a potential dependant, but who is not actually financially dependent, has suffered no loss and has no claim. (Although a listed dependant who had a reasonable expectation of financial support in the future would be able to claim for that future loss).
What is the method by which a claim for loss of dependency under the Fatal Accidents Act 1976 is calculated?
A claim for loss of dependency under the Fatal Accidents Act 1976 is calculated as follows.
Identify the annual amount which the deceased would have spent in supporting the dependants.
Multiply that amount by the multiplier which is based on the number of years for which the dependency would be expected to last.
You will see this referred to in textbooks as: the multiplier / multiplicand method. It is similar to the method used to calculate future loss of earnings for a living claimant.
Mia is a university student aged 20. She is killed in a car accident caused by the negligence of Jed. Mia’s parents are distraught as she was their only child. Can Mia’s parents recover damages for bereavement from Jed?
Mia’s parents cannot recover damages for bereavement. They do not fall within the class of persons entitled to bereavement damages under the Fatal Accidents Act 1976. A parent can only be awarded bereavement damages if their child was a minor (i.e. aged under 18) and also unmarried.
What is an injunction?
An injunction is an order of the court which orders the defendant to do something or refrain from doing something.
In what kind of cases might it be appropriate to seek the remedy of an injunction?
An injunction might be an appropriate remedy in cases of defamation or in cases involving interference with rights in land. These are examples of the type of claims in which an injunction might be sought, but it is not an exhaustive list.
