Chapt 7 tort damages from spec

Question 1

4 principles covering award of damages

Answer 1

1. Damages are monetary comp that is awarded as of right when a claimant wins
2. purpose of compensatory damages is to restore c as far as possible to pre tort position
3. Damages for PECUNIARYlosses vary according to income whereas NON PECuNIARY damages determined by type of injury sustained and effects although they include a subjective element for loss of amenity
4. Claimants must mitigate their losses

Question 2

What is meant by General damages?

Answer 2

Those that are not capable of precise calc at time of trial

Past and future non financial loss ( pain and suffering, loss of amenity, mental distress)

Future financial loss (loss of earnings)

Question 3

What is the purposes of damages in tort?

Answer 3

To put the claimant in the position he would have been in had the tort not occurred (compensatory)

Robinson v harman

Question 4

What damages are payable on death (2 types)

Answer 4

1. For the claimants estate
   Under the LR (misc provisions) act 1934. For special damages, PSLA between tort and death
2. For dependants in their own right
   Under Fatal Accidents Act 1976(as amended) can claim for dependents losses and £12,980 bereavement damages for spouses, civ partners and parents

Question 5

Harm is categorised under 2 heads of damage

What are they?

Answer 5

Special damages -
quantifiable financial losses that have occurred because of the tort and b4 date of trial(usually pecuniary)

General damages
- not capable of precise calc- include future loss of earnings, pain suffering and loss of amenity (usually non pecuniary)

Question 6

Explain what is meant by special damages and give an example

Answer 6

damages which are quantifiable up to the date of trial

For example,
the loss of net earnings up to the date of trial

Transport costs to and from hospital

Cost of private medical treatment

Question 7

Special damages (precisely calc-i.e. Lost wages)=pecuniary ▶️money will fix

State both terms each time

Answer 7

General damages (can’t precisely calc- future wages/ psla)=non pecuniary

State both terms each time

Question 8

Calculating damages in PI

Answer 8

Say use “judicial guidelines “

Question 9

What is future pecuniary loss?

What is loss of amenity?

Answer 9

Both are general damages