Defences and remedies

Question 1

What is a pecuniary loss?

Answer 1

a loss which can be easily calculated and has a price tag

Question 2

what is a non-pecuniary loss?

Answer 2

a loss which cannot be easily calculated into a price tag

Question 3

what is special damages?

Answer 3

losses which can be calculated up to the court date

Question 4

what are general damages?

Answer 4

losses which cannot be calculated up to the court date so the judge looks beyond

Question 5

what is a lump sum?

Answer 5

one off payment

Question 6

what is a structured settlement and case?

Answer 6

can be annually,monthly etc
(damages act 1966)

Question 7

what is an injunction? case aswell

Answer 7

stopping or limiting something from occurring (lawrence)

Question 8

what is a duty to mitigate? and case

Answer 8

a duty to keep losses reasonable (macroft)

Question 9

what is the 1st stage for CN?

Answer 9

failure to to care and act like the RP (sayers v harlow)

Question 10

what is the 2nd stage of CN?

Answer 10

the failure to take care contributes to the harm they suffer (froom)

Question 11

what is 100% CN?

Answer 11

when an employee doesn’t follow H+S guidelines (jayes)

Question 12

what is the 1st stage of volenti?

Answer 12

C must have specific knowledge of the risk (morris)

Question 13

what is the 2nd stage of volenti?

Answer 13

C must have free choice to consent (smith)

Question 14

what are excluding factors in volenti

Answer 14

voluntarily accepted risk (hayes)
road accidents (road traffic act 1988)