Damages are the sum of money, or financial compensation, paid to claimants who are successful in establishing a claim in tort. Specifically Negligence.
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Special Damages- Claimants losses from time of incident until trial
Lost Earnings, medical expenses, damage to property, cost of relative providing care, cost of special living accomodation.
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Giambrone V JMC Holidays (2004)
Claimant's sued holiday company as both their children fell ill due to food poisoning whilst on holiday. Parents took time off work to care for them. Judge awarded damages in relation to extra care costs.
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Povery V Rydal School
The Claimant recieved an award to cover the cost of a special hydraulic lift to take a wheel chair in and out of their car.
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General Damages
This term covers all losses that are not capable of extra quantification. Difficult to place exact financial value on them. Divided into two catergories. Pecuniary Losses and Non Pecuniary Losses.
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Pecuniary Losses (General Damages)
Those that relate to financial issues. Future loss of earnings, future medical costs etc.
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Non Pecuinary Losses (General Damages)
These are the losses that do not relate to a financial value. Pain and suffering, Loss of Amenity - This refers to claimants loss of senses, marriage, enjoyment and hobbies.
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Hale V London Underground (1993)
A fireman could no longer work due to PTSD. Along with loss of earnings he was also awarded loss of amenity as he was unable to work, which brought him enjoyment.
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Contributory Negligence
The claimants damages may be reduced if he is partly to blame for his own injuries.
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Froom V Butcher (1975)
Motorist was inured in road accident. It was the fault of the other driver but Plantiff was not wearing seat belt which was recommended but not legal requirement. Plaintiff damages reduced by 25%. (use of plantiff as case was before 1999)
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Other cards in this set
Card 2
Front
Lost Earnings, medical expenses, damage to property, cost of relative providing care, cost of special living accomodation.
Back
Special Damages- Claimants losses from time of incident until trial
Card 3
Front
Claimant's sued holiday company as both their children fell ill due to food poisoning whilst on holiday. Parents took time off work to care for them. Judge awarded damages in relation to extra care costs.
Back
Card 4
Front
The Claimant recieved an award to cover the cost of a special hydraulic lift to take a wheel chair in and out of their car.
Back
Card 5
Front
This term covers all losses that are not capable of extra quantification. Difficult to place exact financial value on them. Divided into two catergories. Pecuniary Losses and Non Pecuniary Losses.
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