Tort Law: Damages Flashcards
What is the purpose of damages?
To put the claimant in the position they would have been in had the negligent event not occurred.
What is contributory negligence?
Where the award of damages are reduced if the claimant is partly responsible for losses.
What is quantum?
The amount of damage is likely to be awarded.
What are special damages?
Damages that cover the period up to the trial and cover claims that can be calculated. For example, medical expenses, loss of earnings up to the date of trial.
What are general damages?
Damages that cover the period after the trial, for example, pain, suffering and loss of amenity, future medical care.
How are damages paid?
Lumpsums = appropriate for loss.
Periodic payments = regular payments to meet individual needs.
