Remedies - The Law of Tort Flashcards
(16 cards)
What is the aim of remedies in law?
To place the claimant in the position they would have been in had the tort not occurred.
What are the two types of loss?
- Pecuniary
- Non-pecuniary
What is meant by pecuniary loss?
It is losses with a clear financial value which are precisely calculated.
What is meant by non-pecuniary losses?
They are losses that do not have a direct financial value so are more subjective to the case.
Give an example of pecuniary losses:
- Medical Bills
- Car Repairs
- Lost Wages
Give an example of non-pecuniary losses:
- Pain
- Emotional Distress
- Sadness
- Loss of Amenity
Define ‘loss of amenity’:
The loss of something or being unable to use/do it
Define ‘Heads of damage’:
They are categories which compensation which is claimed. It organises the things that people are claiming for into special and general damages.
What are the two types of heads of damage?
1) Special
2) General
What is meant by special damage?
This is for specific financial losses suffered up to the trial date such as car repairs
What is meant by general damage?
This is for future losses or no financial harm such as pain or suffering or loss of amenity..
How do you calculate pecuniary general damages?
Multiplicand (the loss) x Multiplier (the time) = Damages (the result)
What is the difference between a lump sum and a settlement agreement?
A lump sum is a one off payment that is received in full. Whereas a settlement agreement are damages that are paid over time and offers long term support.
What does the Fatal Accidents Act 1976 allow defendants to do?
It allows the to claim for loss of financial support.
Explain what a bereavement award is:
It is a lump sum of money that compensates for the emotional impact of the death of a family member.
