Tortious Remedies

?
What are damages?
an award of money generally aimed at compensating the claimant for the loss they have incurred

tort law is not concerned with punishing defendants
1 of 19
What are general damages?
general damages refers to where the loss sustained can not be calculated precisely in monetary terms

e.g. pain and suffering, loss of amenity, the injury itself, future loss of earnings
2 of 19
What are special damages?
special damages are those where a precise figure can be given for the loss

e.g. cost of repairs or replacement of property damage, loss of earnings up to date of trail

Special damages may be pleaded and proved - need reciepts to claim them
3 of 19
Heads of damage

What are pecuniary damage?
to do with money

pre trial expenses, losses incurred by another, pre trial loss of earnings, future loss of earnings
4 of 19
Heads of damage

Examples of non-pecuniary damage?
the injury, pain and suffering, loss of amenity
5 of 19
What are pre trial expenses?
these are special damages

examples include:
medical expenses, paying for a carer, legal bills and court fees, damage to clothing or property
6 of 19
What are losses incurred by another?
if someone has to give up work or take time off work in order to care for claimant, claimant can make a claim for their loss of earnings

The claimant under a legal obligation to give any amount claimed to the person who suffered the loss - Donelly v Joyc
7 of 19
Losses incurred by another

What happened in the case of Donelly v Joyce 1972?
claimants mothers had to give up work to look after her son because her other son was the main career and he had been injured by the defendant, there he could claim for his mothers lose of earnings doing the job he would normally do for looking after him
8 of 19
Losses incurred by another

What happened in the case of Hunt v Severs 1994?
a boyfriend and girlfriend both injured when they had a motorcycle accident, his negligence led to a crash and she was left paralysed, he gave up work to look after her but he couldnt claim for his lose of earnnings because he would have been sueing himse
9 of 19
What are pre trial loss of earnings?
special damages
the claimant must plead and prove loss of earnings up to date of trial
10 of 19
What are future loss of earnings?
general damages
not always easy to estimate what a person may earn in future
11 of 19
Future loss of earnings

What happened in the case of Doyle v Wallace?
a level student left brain damage by a car accident cause by defendant negligence, in trying to work out loss of earnings she wanted to be a teacher but wasnt certain she would get her grades and go to university, back up plan was to be a secretary so too
12 of 19
What is the multiplicand, multiplier, discount rate?
Multiplicand - how much claimant earns either per hour, day, week, month or year
Multiplier - how many hours, days, weeks, months, years there are likely to be off work
Discount rate - award discounted to reflect fact that the claimant will recieve the mo
13 of 19
How is the future loss of earnings calculated by?
multiplicand x multiplier - discount rate
14 of 19
What happens when there is an injury?
this is decided by a tariff system

there is a scale so that judges can award a higher amount if particularly bad or the minimum tariff for the injury if it is not too serious
15 of 19
What happens when there is pain and suffering?
the judge can award general damages to reflect the level of pain and suffering incurred

no award can be made under this head whilst the claimant is unconciuous
16 of 19
What happens when there is loss of amenity?
this is an award of money to compensate where a person is no longer able to enjoy things they did before

e.g. sight, hearing, walking, playing sports
17 of 19
What is calculating damages?
the judge will add up damages from each head, tax is deducted, any social security and sick pay recieved will be deducted and paid to the state under the social security act 1997, personal pensions and insurance non deductable, generally awards are paid i
18 of 19
What is structured settlements?
The Damages Act 1996 allows for structured settlements where parties agree a settlement

This allows periodic payments and reviews as intervals to see if the amount is still needed or whether it needs to be increased
19 of 19

Other cards in this set

Card 2

Front

What are general damages?

Back

general damages refers to where the loss sustained can not be calculated precisely in monetary terms

e.g. pain and suffering, loss of amenity, the injury itself, future loss of earnings

Card 3

Front

What are special damages?

Back

Preview of the front of card 3

Card 4

Front

Heads of damage

What are pecuniary damage?

Back

Preview of the front of card 4

Card 5

Front

Heads of damage

Examples of non-pecuniary damage?

Back

Preview of the front of card 5
View more cards

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Paper 2 resources »