What is the most common form of remedy and what will the defendant pay this to the claimant as?
damages
as compensation
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What is the aim of damages and what will this amount therefore reflect?
aim - to put claimant back to their original
position prior to the defendants negligence as far as this is possible
amount reflects - claimants loss rather than defendants fault
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What are the two types of damages?
special damages
general damages
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How can special damages be worked out and why?
can be specifically calculated
they refer to expenses incurred by the claimant between the incident and judgement
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What are some examples of special damages?
loss of earnings up to trial
repair costs
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How can property damage (a special damage) be calculated?
reference by reference to; the replacement value (market value at time of destruction), repair cost or dimension in value
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What can general damages not be and what are some examples of general damages?
cannot be precisely quantified
e.g pain and suffering / future loss of earnings
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What are the two types of losses in general damages?
pecuniary losses
non pecuniary losses
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What are pecuniary losses with two examples?
financial losses
future medical expenses
&
future loss of earnings
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What is the calculation for pecuniary losses?
multiplier x multiplicand
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How is the award for future loss of earnings (a pecuniary loss) calculated?
number of years for which claimant cannot work (multiplier)
x
annual cost of medical expenses and/or loss of earnings up to date of trial (multiplicand)
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What happens to any benefits the claimant
receives as a result of his injuries e.g social security payments?
they will be deducted
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What are non pecuniary losses and what are the three things they will be awarded for?
losses that are not quantifiable in terms of money
- pain and suffering
- loss of amenity
- bereavement
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How is the award for pain and suffering worked out?
using the Judicial Studies Board Guildelines (JSB)
&
tariff system set out in Kemp and Kemp (a textbook)
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What does loss of amenity refer to with an example?
changes in future lifestyle
e.g no longer being able to walk
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Under what act is bereavement stated and who does this act allow claims for?
Administration of Justice Act 1976
parents for loss of child under 18
or
spouse for loss of partner
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What are the two ways damages can be paid as?
lump sum
or
structured settlement, for larger awards
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Under what act, does the structured settlement come from?
the Damages Act 1996
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What does the structured settlement mean?
money is paid at regular intervals for a set period or for life
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Who is under a duty to mitigate their losses and what case shows this?
the claimant
Motorways Ltd v Alwahabi
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What does mitigation of loss mean?
he must keep the losses to a reasonable level where possible
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Other cards in this set
Card 2
Front
What is the aim of damages and what will this amount therefore reflect?
Back
aim - to put claimant back to their original
position prior to the defendants negligence as far as this is possible
amount reflects - claimants loss rather than defendants fault
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