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Flashcards in Tort - Remedies Deck (19)
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1
Q

What are the 4 general principles of remedies in tort?

A

1- mitigate
2- one action
3- restore
4- contributory negligence

2
Q

What are considered for non-pecuniary losses?

A

1- Pain and suffering

2- Loss of amenity

3
Q

What is considered when calculating damages for pain and suffering?

A

1- past, present and future pain/ mental anguish/ fear for surgery etc.
2- recovery time
3- dominant or non-dom limb

4
Q

Pain and suffering is assessed subjectively, so money cannot be claimed for periods of unconsciousness

A

Wise v Kaye

5
Q

What does loss of amenity cover?

A

Loss of enjoyment of life

6
Q

Loss of amenity is assessed objectively, so money can be claimed for periods of unconsciousness

A

West v Shephard

7
Q

What method is used to calculate loss of future earnings?

A

Multiplier method:
NET annual earnings (inc. bonuses/ perks, exc. inflation)
x
Period of loss from trial (reduced for early receipt and contingencies of life (e.g. redundancy)

8
Q

C may claim for lost years (shortened life expectancy/ working life)

A

Pickett

9
Q

Claimant can recover for the cost of care arising from injury sustained in the accident

A

Schneider

10
Q

Relative providing care can claim loss of earnings up to a commercial ceiling

A

Housecroft v Burnett

11
Q

Can claim for lost ability to be promoted in the future

A

Smith v Manchester Corp

12
Q

What deductions will be made/ not made from C’s damages?

A

1- Tax/ NI always deducted
2- Benefits deducted from pecuniary losses
3- Insurance payments, charity/ family help, ill-health pension payments not deducted

13
Q

What exceptions are there to the one action rule?

A

1- Provisional Damages e.g. loosing sight in one eye with risk it will go in the other
2- Periodic Payments

14
Q

What two statutes need to be reviewed for fatal claims?

A

1- Law Reform (Miscellaneous Previsions) Act 1934 (estate on C’s behalf)
2- Fatal Accidents Act 1976 (dependants)

15
Q

What can be recovered under the LR(MP)A 1934?

A

1- Survival period losses (pec and non-pec losses between tort and death)
2- Property damage
3- Reasonable funeral expenses

16
Q

What criteria must be satisfied for a person to claim on behalf of someone under the FAA?

A

1- Appear on the list of dependants in s1(3)

2- Was actually financially dependant on the deceased

17
Q

What can be claimed under the FAA?

A

1- Damages for loss of dependency (calculated using multiplier method)
2- £12, 980 bereavement allowance ONLY for spouse or parents of child
3- Reasonable funeral expenses

18
Q

What is the multiplier method for damages for loss of dependancy?

A

Salary (minus amount spent on self (33/25) and contributory negligence
x
Period of dependency (retirement age for spouse, date at which children leave education)

19
Q

What is the limitation period for claims under the LR(MP)A 1934/ FAA 1976?

A

3 years