Damages AS AQA LAW
- Created by: LaurenSkipsey
- Created on: 27-02-14 12:42
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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.
- Even if there are several defendants involved, the claimant can only claim for compensation once.
- 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.
- Damages compensate the claimant for the Harm/Loss suffered- There are two parts to damges- Causation and Remoteness.
- 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)
- 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.
- What are damages?
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