Statute From Syllabus For Tort Flashcards
S1 Compensation Act says that..
Role of public policy
S1 Compensation Act 2006 provides that when deciding whether a defendant should have taken particular steps to meet a standard of care it should have regard to whether a requirement to take such steps might:
a. PREVEnt A DESIRABLE ACTIVITY from being undertaken; or
b. DISCOURAGE persons from undertaking functions in CONNECTION
with a DESIRABLE ACTIVITY
S3 Compensation Act
Relevant in mesothelioma cases
If a claim for damages is made for mesothelioma contracted as a result of contact with asbestos, a person will be held JOINTLY AND SEVERaLLY liable if he MATERIALLY INCREASES the risk of such exposure.
THis means that any one employer can be liable for he whole of the damages eve of his contribution to the increased risk is small.
Ss2(1) Unfair contract terms act 1977
What does this say?
Defences- exclusion clauses
S.2(1) provides that a business CANNOT exclude or restrict liability for death or personal injury arising from negligence. This provision is ABSOLUTE and NOT subject to the requirement of REASONABLENESS.
S2(2) Unfair Contract Terms Act
What does this say?
What about the reasonableness criteria in s11(1)?
S.2(2) provides that a business MAY EXCLUDE OR RESTRiCT liability for other types of loss ONLY IF IT IS REASONABLE to do so. (Not for death or PI)
The question of what is reasonable is decided by applying the reasonableness test set out in s.11.
“The circs which were/ought to have been known/in contemplation to the parties when the contract was made”
Statutory regulation of exclusion clauses and notices by CRA 2015
S65
S62
S65
Trader cannot restrict/ exclude liability for death or PI resulting from negligence
S62
A consumer is not bound by a term excluding /restricting liability if it is unfair
Latent Damage Act 1986
Damage that is not apparent
limitations in time as a defence
LDA inserted ss 14A and 14B into LA 1980. They provide that the c has the longer of:
- the normal 6yr period, starting when the damage was done AND
- a 3yr period that begins when the c discovered or ought to have discovered the damage
Both of these subject to a 15 yr long stop after date of negligence.
Statute relating to damages payable on death
2
Law reform (miscellaneous provisions) act 1934- claimants estate
Fatal accidents act 1976 as amended by the Administration of Justice Act 1982- dependents losses and bereavement damages
S149 RTA 1988
Defence of volenti CANT BE USeD AGINST PASSENGERS travelling in vehicles and it is ineffective for the driver to try to exclude liability to a passenger in agreement
Defence of consent can’t be used in relation to passengers in vehicles
Law Reform (contributory negligence) act 1945
3 main reasons that damages may be reduced under the Act
C may get only part of his damages of d can prove c failed to take reasonable care of his own safety
- partly to blame for the accident in which he was injured
- puts self in dangerous position
- his failure to take reasonable care ⬆️the extent of his injuries
Fatal Accidents Act 1976 as amended by Administration of Justice Act 1982
Two ways to claim
Dependents can sue for their own financial loss.
A surviving spouse, civil partner or parent can also claim under s1A FAA a separate sum of £12,980 bereavement damages (child must be under 18 and unmarried)
Law Reform (misc provisions) act 1934
Who can claim and what can they claim?
What is excluded?
Family of the deceased may claim everything c would have claimed had he been alive. This could include
Special damages and pain, suffering g and loss of amenity between the tort and death
BUT NOT future loss of earnings or the lost years
