Remedies

Question 1

Purpose of damages

Answer 1

To put the claimant in the position they would have been in but for the defendant’s tortious act

Question 2

Types of damages

Answer 2

• compensatory
• contemptuous
• aggravated
• exemplary

Question 3

Compensatory damages

Answer 3

divided into special and general
- special –> specifically proven and quantifialbe financial losses at the time of trial (non-taxable)

• general –> future financial losses (multiplier approach) and non-quantifiable losses

Question 4

PSLA - what does it compensate, how is it calculated

Answer 4

compensates loss caused by the effect of damage

it is calcalated as one lump sum following guidance in Kemp and Kemp and case law

Question 5

Calculation of future losses

Answer 5

Multiplier approach
- Take the annual expense and multiply by the number of years loss will continue to be suffered

-Works on the assumption that the lump sum will be invested

Question 6

Deductions from damages

Answer 6

State benefits

Contractual sick pay

Redundancy payment

Findings of contributory negligence

Question 7

If the claimant dies - Law Reform Act

Answer 7

• Estate may bring a claim for any losses suffered by the deceased as a result of an accident up to their death
• No claim for losses after the date of death and no claim for death itself
• Do get PSLA

Question 8

Fatal Accidents Act

Answer 8

Allows dependents of the deceased to claim for losses - close blood relatives, married, CPs, cohabiting for 2 or more years, any child under 18

calculated in the same way as a PI claim but with a lower multiplier

Question 9

Who can claim bereavement damages

Answer 9

• spouse
• CP
• cohabiting partner
• parents of an unmarried minor (mother only if child is illegtitimate)

Question 10

what you get under bereavement damages

Answer 10

fixed sum and funeral expenses