Damages Flashcards
Aim of damages in tort
Put C in the position they would have been in had the tort not occured (backward)
General Damages and Special Damages
Special Damages: pre-trial losses capable of calculation
General Damages: all post trial losses and pre-trial non-quantifiable losses
Duty to mitigate
C cannot recover for losses they could have prevented by taking reasonable steps (e.g. alternative employment, replace vehicle / not unreasonably refuse medical treatment)
Damages for personal injury
Pain and Suffering: compensation for pain and anguish (only available if D is conscious)
Loss of amenity: compensation for impact on quality of life (available even if D unconcious)
How are the following types of damages calculated:
- PSLA
- Medical expenses
- Loss of earnings
- Services provided to C
- Loss of earning capacity
PSLA: consult kemp + case law to obtain estimate of amount court may award
Medical: reasonable medical expenses (including private care)
- future: annual cost x number of years
Loss of earnings:
- pre-trial: lump sum for takehome pay
- future: annual salary (plus increases) x number of years
Services to C (housework / gardening / nursing / laundry (tasks C used to do)
- market cost of nursing care even if provided free by relatives
Loss of earning capacity: if C still in job but real risk of C losing it, can get a sum to compensat for chance they may lose their jo
What deductions may the court make from damages awarded (and what can the court not deduct)
- benefits received as a result of injury
- contractual sick pay
- redundacy payment
NOT insurance / pension / gifts
Claims if C died as a result of tort
- Claim by estate for C’s losses from incident until date of death
- Claim by C’s dependants for loss of dependance
- bereavement damages
When can dependants claim under FAA for loss of dependency and how much?
- Recognised dependant (spouse, child, cohabitee 2 years, parent, sibling)
- Actually financially dependant on C (reasonable expectation of pecuniary benefit)
amount or net earnings - 25% or 33% x period of dependancy
When can bereavement damages be claimed?
parent
spouse
cohabitee for 2 years
