Damages AS AQA LAW

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  • Damages
    • What are damages?
      • Damages compensate the claimant for the Harm/Loss suffered- There are two parts to damges- Causation and Remoteness.
        • Even if there are several defendants involved, the claimant can only claim for compensation once.
          • Barker v Corus- Multiple Causes- This case modifies the 'But for' test in asbestos cases and should be seen as a special exception to ensure some remedy for the victim.
      • Damages can be classified as 'Pecuniary' and 'Non-Pecuinary.'
        • Pecuniary- these are damges that cover finacial losses.
        • Non-Pecinary- This involves a loss of which is not finacial but where the court gives finacial compensation.
    • Intervening acts
      • An intervening act can break the chain of causation.
    • To calculate Quantum(The amount of the award).
      • Special Damages- Compensation paid for financial losses from the incident to date of trial; Repairing/Replacing a damaged car.
      • Genral Damages- This is the compensation for things that are not capable of being easily quantified(Rewarded)
        • Pain and Suffering- Can include both mental and physical suffering, the injury itself and loss of Amenity(The loss of being able to do everyday things)
        • Future medical care and personal assistance- This is when the claimant is left unable to look after themselves then it may mean a member of their family becomes a carer which in turn could lead to them losing their income as a result.
          • Case- Giambrone v JMC Holidays- 652 people staying at a hotel abroad the hotel provided by the tour operator(Defendant) suffered food poisioning, many of the victims that suffered the food poisioning were children.
        • Loss of Future Earnings- Claimants net annual loss x Number of earning years left, less deduction for use of capital = Damages for future loss of earnings.
        • Method of payment of damages- Traditionally all damages were paid as a lump sum, so the claimant recieved his payment and did with it what he wished.
          • Whilst lump sum payments are appropriate for loss or damage to goods, Damages for personal injuries paid in this way are known as a Structured Settlement and are governed by the Damages Act 1996.
            • The structured settlement is usually paid by the Defendants insurer. The total amount of damages is calculated the same way as a Lump Sum. However most of the money is used to purchase an annuinty(Long term investment)


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