Remedies And Defences Flashcards
(14 cards)
What are pecuniary losses
Losses that can be easily calculated
What are non pecuniary losses
Losses which are not wholly money based and difficult to quantify
What are special damages?
Amounts which can be calculated specifically up the date of the court hearing
- for pecuniary losses
What are general damages?
Amounts for non pecuniary losses, looking forward from the date of court hearing
Speculative because the future cannot be predicted
What is a lump sum
For claims focused pain and suffering and loss of amenity the courts will award a lump sum
One off payment
What is a structured settlement
The damages act 1996 allows for parties to agree on structured settlements. Periodical payments which can be per month or per year, for life over a specific time period. The amount can be reassessed at intervals to make sure the value is still appropriate
What is meant by mitigation of loss
C is entitled to claim for any losses they have suffered due to d’s negligence. However these losses must be kept on a reasonable level. This is a duty to mitigate
Macroft v scruttons
Contributory negligence
What is meant by failure to take care?
This defence involved showing that D did not take appropriate care in the situation. C is expected to act like a reasonable person would have in taking care of themselves in D’s negligence
Sayers v Harlow
Contributory negligence
What is meant by contributing to the harm .
C’s own negligence needs to have helped to cause the injuries suffered despite the D’s fault
O Connell v Jackson
Contributory negligence
What is meant by 100% reduction in damages
Although rare, it has been possible for the court to reduce damages by 100%. This is usually when an employer has an unavoidable statutory duty to keep employees safe
Jayes v IMI kynoch
Volenti
What is meant by knowledge of the risk?
C must have knowledge of the risk which is subjective not objective , it is not enough for c to know the existence of the risk they must fully understand it
Morrison v Murray
What is meant by free choice
The defence wikk not succeed where c has no choice but to accept the risk; they must freely undertake the risk of harm
Smith v baker
What is meant by voluntarily accepted the risk
Where a person has a dry trip act and is injured by D’s negligence violent will not be available as a defence
Road traffic act
Under section 149 road traffic act 1988 the defence cannot be used in road traffic accidents. This is due to third party insurance that will compensate
