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Flashcards in Section 3/ Damages Deck (5)
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1

What are the 2 types of solatium?

-Defamation, breach of privacy ect.
-personal injury e.g. pain and suffering

2

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.

3

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

4

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)

5

With regards to claims for personal injury or death, what is meant by lost period?

Lost period= notional date of death - expected date of death. s.1 (5)