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law paper 2 section b > remedies in tort > Flashcards

remedies in tort Flashcards

1
Q

what will the defendant receive if their claim is successful

A

damages

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2
Q

what is the problem with damages if the claimant has suffered a big loss

A

money can’t put the claimant back into the position they were in before

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3
Q

what are the two way damages can be calculated

A

pecuniary
non-pecuniary

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4
Q

what are pecuniary damages

A

damages that can mean calculated/measured in monetary terms

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5
Q

what are non-pecuniary damages

A

not economic in nature

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6
Q

what are the two types of damages

A

special damages
general damages

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7
Q

what are special damages

A

pre trial losses

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8
Q

are special damages pecuniary or non-pecuniary

A

pecuniary

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9
Q

give an example of special damages

A

lost wages
property damage
travel expenses

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10
Q

what are heads of damage (special)

A

categories for which damages may be recovered

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11
Q

give an example of heads of damage (special)

A

loss of earnings
expenses
loss of earnings
damage to property

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12
Q

how are loss of earnings calculated

A

on a net basis
payslips used for proof

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13
Q

how is damage to property calculated

A

value of property lost at time of accident
cost of repair if possible

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14
Q

are general damages pecuniary or non-pecuniary

A

can be both

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15
Q

what are general damages

A

post trial losses

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16
Q

what are the 2 elements of general damages

A

1damages for the effects of the injury
2damages for future financial losses

17
Q

how can damages for the effects of the injury be defined

A

pain suffering
loss of amenity

18
Q

how will the ammount of damages for someone in pain and suffering be calculated

A

based on medical evidence and other evidence in court
subjective test
assessment of the c past and future position
jc guide lines

19
Q

what is a loss of amenity

A

a reduction in the ability to perform every day tasks

20
Q

heads of damage(general)

A

pain and suffering
loss of amenity
future expenses

21
Q

how does the court decide the ammount of damages you receive if you have a set time left to live + case

A

the loss of earnings up to retirement age
picket v british rail engineering Ltd

22
Q

what are future medical expenses

A

the damages given to cover the expense of future care needed even if done privately

23
Q

how can damages be paid

A

lump sum
structured settlement

24
Q

what is a lump sum

A

where the damages are paid in one go

25
Q

what is a structured settlement

A

damages are paied in intervals

26
Q

what act allows structured settlement

A

damages act 1996

27
Q

what is mitigation of loss

A

the c must keep their losses to a minimum

28
Q

what is contributory negligence

A

if the c as contributed to the losses then a % of their damages will be deducted

law paper 2 section b (6 decks)

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