LIABILITY: NEGLIGENCE; Damages

Question 1

How can damages be paid? (3)

Answer 1

Lump sum payments
Interm damages
A structural settlement

Question 2

What were structural settlements set up by? (1)

Answer 2

The courts act 2003

Question 3

What are prohibited injunctions? (1)

Answer 3

Stop the defendant from doing something

Question 4

What are the types of injunctions? (2)

Answer 4

Prohibited injunctions
Mandatory injunctions

Question 5

What are mandatory injunctions? (1)

Answer 5

Force the defendant to do something.

Question 6

What are intern damages? (2)

Answer 6

If the defendant admits the accident but do not agree with the amount the claimant claiming they may be able to receive some money early. They will then take the rest to court to see how much the case is worth.

Question 7

What case shows the use of prohibitory injunctions? (1)

Answer 7

Hollywood silver fox farm v Emmett (1936)

Question 8

What are some cases that show child contributory negligence? (2)

Answer 8

Mullins v Richard’s
Gough v Thorne (1966)

Question 9

What are structural settlements? (1)

Answer 9

Consists of periodical payments these payments will take into account the claimant’s circumstances.

Question 10

What occurred in the case Gough v Thorne (1966)? (3)

Question 11

What occurred in the case Gough v Thorne (1966)? (3)

Answer 11

A 13 year old crossed the road in front of a stationary lorry at the drivers signal without looking for herself. She was hit by an overtaking car. One third contributory negligence but the court of appeal disallowed this deduction.

Question 12

What occurred in the case Froom v Butcher (1975)? (2)

Answer 12

A motorist was injured in a road incident which was the other drivers fault. He was not wearing his seat belt but this was not a legal requirement, his damages were reduced by 25%

Question 13

What is meant by contributory negligence? (1)

Answer 13

Is the claimant contributes in anyway to the harm inflicted then the damages will be reduced by a certain percentage based on his much they contributed to the harm.

Question 14

What is the interest rate on general damages? (1)

Answer 14

Non-payable on general damages on loss of earnings but all other general attarct an interest at 2%.

Question 15

What is the interest rate on special damages? (1)

Answer 15

Up to date of the trial is half the short term interest rate.

Question 16

What are general damages? (1)

Answer 16

Awarded for the injury itself. These will be calculated according to guidance given by the judicial studies board.

Question 17

What cases show contributory negligence? (2)

Answer 17

Froom v Butcher (1975)
Anderson v Newham college (2003)

Question 18

How are future losses calculated? (1)

Answer 18

Future earnings can be calculated by using a multiplier but is restricted to a minimum (Ogden tables).

Question 19

What is meant by interest in terms of damages? (1)

Answer 19

Is paid on the judgment until the full amount is paid (given to the courts).

Question 20

What are general damages awarded for? (3)

Answer 20

-awarded for pain and suffering both physical and mental
-awarded for loss of amenity
-the level of pain and suffering

Question 21

What are general damages also known as? (1)

Answer 21

Non-peculiarly damages

Question 22

What cases show the use of special/pecuniary damages? (2)

Answer 22

Herring v ministry of defence (2003)
Mcfarlane v Tayside (1999) - restriction

Question 23

What occurred in the case Herring v ministry of defence (2003)? (3)

Answer 23

A part time soldier, claimant, severely injured himself in parachute jump. Claimed for damages included loss of earnings on basis that he would have pursued his career plans and became a police officer. Court of appeal argued that he might not have been accepted but he held that he would have probably have found a career of the same salary.

Question 24

What are exemplary/punitive damages? (2)

Answer 24

Damages that punish the wrong doer for their actions, go beyond compensation and do more than compensate the victim. (Are awarded in addition to damages)

Question 25

What is meant by future losses? (1)

Answer 25

Includes anything that is reasonable to be required in the future because of the accident but must consider the remoteness test.

Question 26

What occurred in the case Mcflarane v Tayside (1999) (2)

Answer 26

Claimant fell pregnant after a negligent vasectomy and claimed for all costs associated with the birth of her child. The courts prepared to allow the pain and suffering of the child birth but not for bringing up the child.

Question 27

What did the House of Lords state in Mcfarane v Tayside (1999)? (1)

Answer 27

Lord Milliett- ‘the birth of a child is a mixed blessing’

Question 28

What are special damages/pecuniary damages? (1)

Answer 28

Damages given for loss of property costs for up to the trial.

Question 29

What are aggravated damages? (1)

Answer 29

Are paid where usual damages do not reflect the manner in which the tort was created.

Question 30

What is the amount of damages affected by? (1)

Answer 30

The amount of damages is generally not affected by the degree of negligence, is calculated by previous cases and set of guidelines.

Question 31

What occurred in the case Grubbelaar v news group newspapers (No.2) (2002)? (1)

Answer 31

Considered aggravated damages.

Question 32

What is the aim of awarding damages? (1)

Answer 32

To put the claimant in the position he or she would have been in if the injury or loss had never happened.

Question 33

What are some examples of special/pecuniary damages? (4)

Answer 33

-medical costs (private treatment)
-damage to property
-loss of earnings (net loss deducting tax and national insurance)
-caring expenses (relative has to assist in living)

Question 34

What are tort remedies? (1)

Answer 34

Shows displeasure of the law (rarely used as punishment)

Question 35

What are general damages given for? (3)

Answer 35

-injury
-pain suffering
-loss of amenity

Question 36

What case shows use of tort remedies? (2)

Answer 36

Grobbelaar v news group newspapers (No.2) (2002)
Appleton v Garrett (1996)

Question 37

What are special damages given for? (1)

Answer 37

Everything else providing it is not too remote.