Remedies

Question 1

Special damages - past pecuniary loss

Answer 1

Loss of earnings
Medical care
Cost of transport travel and accommodation
Cost of damaged clothing and property

Question 2

General damages - non- pecuniary loss

Answer 2

Damages for pain and suffering
Damages for loss of amenity

Question 3

General damages - future pecuniary loss

Answer 3

Future loss of earnings
Future medical care
Future cost of transport
Future loss of pension

Question 4

Damages in death

Answer 4

LR(MP)A 1934 - pain, suffering and loss of amenity (up to date of death), loss of earnings (up to date of death), care/services (up to date of death), damage to personal property, funeral expense

FAA 1976 - bereavement award, dependency claim for reps suffering financial losses, funeral expense, loss of consortium

Question 5

What is pure economic loss?

Answer 5

Financial loss resulting from the harm caused by the negligent act. Generally not recoverable in Tort if not a consequence of physical damage to property or harm to claimant.

Question 6

Consequential economic loss

Answer 6

Financial loss sustained due to another harm caused by negligence.

Question 7

Can pure economic loss be claimed for negligent misstatement?

Answer 7

Yes, if:
- there is a special relationship of trust/confidence between the parties;
- the party preparing the statement has voluntarily assumed the risk
- there has been reliance on the information/ statement;
- reliance on the statement was reasonable in the circumstances

Question 8

Can a claim be made for psychiatric harm?

Answer 8

Yes but it must be a medically diagnosed and recognised and victim must be primary or secondary.

Question 9

Primary victim

Answer 9

Physical zone of danger or reasonably believes they are in danger. Physical injury must be foreseeable but not psychiatric harm.

Question 10

Secondary victim

Answer 10

One that is not in the physical zone of danger and will not have suffered physical harm. There must be:

• close tie of love and affection - rebuttable presumption in favour of parents, children and spouses
• closeness in time and space to the aftermath (witness with own, unaided senses). Secondary victims must show that some psychiatric harm was reasonably foreseeable.

Question 11

Rescuers

Answer 11

Can only claim if they are primary victims and find themselves in physical danger.

Question 12

Can a C recover damages for psychiatric illness following the destruction of property?

Answer 12

Yes if they can prove causation and foreseeability

Question 13

Anxiety for future risk of disease is not recoverable