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23 Cards in this Set

  • Front
  • Back

Explain what damages are and the meaning of quantum?

Damages are a sum of money that the D must pay to the C if C wins his claim in negligence.



The amount of damages is the quantum.

Because the award of damages is mandatory if a claimant is successful, there are two circumstances in which the quantum will be very low. What are they?

1) nominal damages will be awarded if a tort has been committed but the C's loss has been minimal or none. (E.g. Trespass



2) contemptuous damages acknowledges the C's rights have been infringed but that the C has wasted the courts time. They will therefore be awarded the lowest coin of the realm - 1p

Most damages in tort are compensatory. What is their purpose?

The purpose of compensatory damages is to put the Injured party in the position he would have been in if the tort had not occurred.

A claimant's losses can be made up of both, or either, pecuniary and non-pecuniary damages? Explain the difference?

Pecuniary - monetary losses



Non-pecuniary - such as personal injury or loss of reputation.

What is meant by "the claimant has a duty to mitigate his losses"?

It means that the C must minimise his loses. So he would


Not be able to claim loss of earnings if he had been travelling in Europe for 3 months rather than looking for work.

What is meant by "the claimant has a duty to mitigate his losses"?

It means that the C must minimise his loses. So he would


Not be able to claim loss of earnings if he had been travelling in Europe for 3 months rather than looking for work.

What does the Social Security Administration Act 1992 provide?

That any benefits claimed, as a result of D negligence, must be repaid. These repayments will be deducted from the damages paid to C.

Damaged are calculated under two broad categories. What are they?

Special damages



General damages

Damaged are calculated under two broad categories. What are they?

Special damages



General damages

What are special damages?

Special damages are quantifiable pecuniary losses that can be calculated reasonably accurately. They include:



• transport cots to and from hospital;


• the cost of private medical treatment;


• loss of C's net earnings from the tort to the date of the trial;


• loss of a carers net earnings;


• the cost of special equipment;


• the cost of repairing or replacing items damaged or destroyed.

General damages cannot be calculated exactly, because they relate to intangible factors such as pain and are likely to take into account any future deterioration in C's health.



Name the four separate "heads of damages"?

1 - pain, suffering and loss of amenity



2 - future loss of earnings



3 - cost of future care



4 - lost years

General damages cannot be calculated exactly, because they relate to intangible factors such as pain and are likely to take into account any future deterioration in C's health.



Name the four separate "heads of damages"?

1 - pain, suffering and loss of amenity



2 - future loss of earnings



3 - cost of future care



4 - lost years

Explains the head of pain, suffering and loss of amenity?

1) pain and suffering - including physical pain, psychological injuries and distress; and



2) loss of amenity - includes the loss of enjoyment of life

Explain the head future loss of earnings

Damages are calculated using C's net annual income and a multiplier based upon his age.



This would be separate to earnings lost before trial, as these cannot be quantified precisely.

Explain the head future loss of earnings

Damages are calculated using C's net annual income and a multiplier based upon his age.



This would be separate to earnings lost before trial, as these cannot be quantified precisely.

Explain when the head of lost years would be relevant?

if C's injuries have reduced his life expectancy.



These would be calculated by his predicted loss of earnings minus an allowance for living expenses that he would have incurred during those years.

Explain the head future loss of earnings

Damages are calculated using C's net annual income and a multiplier based upon his age.



This would be separate to earnings lost before trial, as these cannot be quantified precisely.

Explain when the head of lost years would be relevant?

if C's injuries have reduced his life expectancy.



These would be calculated by his predicted loss of earnings minus an allowance for living expenses that he would have incurred during those years.

How might damages be paid?

A lump sum



Under a structured settlement



Periodical payments order (allows the courts to periodically re-assess C's needs)

If a C dies as a result of a tort, what two kinds of claims can be made?

1) a claim for the C's estate;



2) a claim for the C's dependants.

If a C dies as a result of a tort, what two kinds of claims can be made?

1) a claim for the C's estate;



2) a claim for the C's dependants.

What does the Law Reform (Miscellaneous Provisions) Act 1934 permit?

That C's personal representatives to claim everything that C would have been able to claim, except lots years, plus C's funeral expenses.

What does the Fatal Accidents Act 1976 (as amended by the Administration of Justice Act 1982) permit?

It permits C's dependants to sue for their own financial losses arising from C's death.



A surviving spouse/civil partner/ or parent of a child under 18 may claim a separate sum of £12,980 bereavement damages.