Remedies Flashcards
(15 cards)
What is the primary purpose of compensatory damages in tort law?
A) To punish the defendant
B) To restore the claimant to the position they would have been in but for the tort
C) To ensure the defendant does not repeat the tort
D) To pay off the claimant’s legal fees
B) To restore the claimant to the position they would have been in but for the tort
Which of the following is an example of special damages?
A) Loss of future earnings
B) Compensation for pain and suffering
C) Medical expenses already incurred
D) Loss of enjoyment of life
C) Medical expenses already incurred
🔹 Why? Special damages refer to provable, quantifiable financial losses before trial, such as past medical costs and lost earnings.
Under the Law Reform (Miscellaneous Provisions) Act 1934, which of the following is NOT recoverable by the deceased’s estate?
A) Pain and suffering before death
B) Loss of life expectancy
C) Medical expenses incurred before death
D) Lost earnings before death
B) Loss of life expectancy
🔹 Why? The Act allows the estate to claim for losses incurred before death but does not compensate for the fact that the deceased has lost years of life.
A claimant loses their leg in an accident caused by the defendant’s negligence. They seek damages for lost wages and pain and suffering. How will these be categorised?
A) Both are general damages
B) Lost wages = special damages; pain and suffering = general damages
C) Both are special damages
D) Lost wages = general damages; pain and suffering = special damages
B) Lost wages = special damages; pain and suffering = general damages
🔹 Why?
Lost wages (before trial) = special damages (quantifiable).
Pain and suffering = general damages (not easily quantifiable).
A doctor negligently misdiagnoses a patient, who later dies. Which Act allows the deceased’s dependents to claim compensation?
A) Law Reform (Miscellaneous Provisions) Act 1934
B) Fatal Accidents Act 1976
C) Compensation Act 2006
D) The Civil Liability Act 1978
B) Fatal Accidents Act 1976
🔹 Why? The Fatal Accidents Act 1976 allows dependents to claim for loss of financial dependency, bereavement awards, and funeral costs.
A claimant suffers severe burns due to a factory explosion. The explosion was minor but caused a rare chemical reaction, leading to much worse injuries than expected. Can they recover full damages?
A) No, because the severity of injuries was unforeseeable
B) Yes, because the type of harm (burns) was foreseeable
C) No, because factory explosions are inherently unpredictable
D) Only partially, as the defendant should only be liable for the expected injuries
Answer: B) Yes, because the type of harm (burns) was foreseeable
🔹 Why? The “no need to foresee the extent” rule applies (see Vacwell Engineering v BDH Chemicals). If the type of injury is foreseeable, the defendant is liable for the full extent of damage, even if the severity was greater than expected.
A claimant is injured due to negligence and awarded £200,000 in damages. However, they received state benefits of £20,000 due to their injuries. How does this affect the compensation?
A) The full £200,000 is awarded without deductions
B) £20,000 is deducted, and the defendant pays it to the state
C) The full £200,000 is awarded, but future benefits will be reduced
D) The claimant can only receive £180,000 in total
B) £20,000 is deducted, and the defendant pays it to the state
🔹 Why? State benefits linked to the injury (e.g., unemployment or disability benefits) are deducted from damages to prevent double recovery. The deducted sum is repaid to the government.
A motorcyclist is negligently injured and receives compensation. Later, they develop a psychological disorder due to the trauma. Can they claim further damages?
A) No, because damages were already awarded
B) Yes, if they can prove the disorder was caused by the accident
C) No, unless they reserved the right to claim more in the original case
D) Yes, but only for treatment costs, not additional suffering
B) Yes, if they can prove the disorder was caused by the accident
🔹 Why? If the psychological disorder is a direct result of the accident and was not considered in the original claim, a fresh claim can be made for additional damages.
A father, the sole provider for his family, dies in a workplace accident caused by negligence. What claim can his dependents bring?
A) Law Reform (Miscellaneous Provisions) Act 1934
B) Fatal Accidents Act 1976
C) Compensation Act 2006
D) No claim can be made
B) Fatal Accidents Act 1976
🔹 Why? This Act allows dependents (e.g., spouse, children) to claim financial losses resulting from the death (e.g., loss of income).
A pedestrian is injured by a negligent driver. They receive a large state benefit due to disability. How does this affect their damages claim?
A) The state benefits reduce their damages
B) The damages remain the same, but the defendant reimburses the state
C) The claimant must repay the benefits after receiving damages
D) The claimant receives reduced damages based on government policy
B) The damages remain the same, but the defendant reimburses the state
🔹 Why? Under the Social Security (Recovery of Benefits) Act, certain state benefits (e.g., disability payments) are deducted from damages and repaid to the government.
A claimant is injured due to a negligent driver. They cannot afford treatment and borrow money at high interest for medical bills. Can they recover the extra financial burden?
A) Yes, under the thin skull rule, the defendant takes the claimant as they find them
B) No, because poor financial decisions are not compensable
C) Yes, but only if the interest rate was reasonable
D) No, because medical treatment should be covered by damages, not borrowing
A) Yes, under the thin skull rule, the defendant takes the claimant as they find them
🔹 Why? Under Lagden v O’Connor, financial vulnerability is included in the thin skull rule, meaning claimants can recover the extra costs caused by their lack of funds.
A claimant is awarded damages but receives a large insurance payout for the same injury. What happens to their compensation?
A) The damages are reduced to account for the insurance payment
B) The claimant must repay the insurance money
C) The insurance payout is ignored; damages remain the same
D) The court adjusts damages based on the insurer’s policy
C) The insurance payout is ignored; damages remain the same
🔹 Why? Compensation from private insurance or charity does not reduce damages. This follows the collateral source rule.
A driver negligently injures a musician’s hand in an accident. The musician loses the ability to play professionally. What type of damages could they claim?
A) Special damages for loss of earnings + General damages for loss of amenity
B) Special damages for pain and suffering + General damages for medical expenses
C) Special damages for loss of enjoyment + General damages for contractual losses
D) Special damages for inconvenience + General damages for future wages
A) Special damages for loss of earnings + General damages for loss of amenity
🔹 Why?
Loss of earnings (past income lost before trial) = Special damages
Loss of amenity (permanent inability to enjoy playing music) = General damages
A claimant loses their arm in an accident caused by a factory’s negligence. They are awarded damages for future care costs. What type of damages are these?
A) Special damages
B) General damages
C) Nominal damages
D) Aggravated damages
B) General damages
🔹 Why? Future care costs are not quantifiable at trial but estimated, making them general damages.
Special damages = already incurred financial losses (e.g., medical expenses before trial).
Nominal damages = awarded where no real harm occurred.
Aggravated damages = awarded where distress or humiliation is intentionally caused.
A claimant is awarded damages for pain and suffering. Which principle does this follow?
A) Restitution
B) Compensatory damages
C) Punitive damages
D) Equitable relief
B) Compensatory damages
🔹 Why? The purpose of damages in tort law is to compensate the claimant for harm suffered.
Restitution = restoring unjust gains to prevent enrichment.
Punitive damages = exceptional cases to punish the defendant (rare in tort).
Equitable relief = injunctions, not monetary awards.
