Flashcards in Section 3/ Damages Deck (5)
What are the 2 types of solatium?
-Defamation, breach of privacy ect.
-personal injury e.g. pain and suffering
Solatium CASE: Stevens v Yorkhill NHS Trust 2006
- This involved the retention of body parts of a baby that died in hospital without parents consent.
-The loss is solatium as it hurt the feeling of the parents.
what damages can be awarded for; property harm/ destruction?
common law claims for patrimonial loss?
-cost of repair
-cost of replacemtn
-diminutive value of property
all claims calculated at market value
what claim could a victim of personal injury or death make? (statutory claim for diminished life expectancy damages (scotland) act 2011.
-statutory claim for diminished life expectancy, this is based on the expected earnings during 'lost period'. Less 25% s.1 (1)
- in exceptional circumstances court may depart from 25% rule to avoid under or over compensation s.1 (7)