tort remedies and defences

Question 1

what is the aim of remedies in tort law

Answer 1

the aim of damages is to put claimant back into the position they were before the tort happened to them

Question 2

what is pecuniary loss

Answer 2

loses that can be easily calculated in money terms examples cost of car hire, damaged property

Question 3

what is non pecuniary loss

Answer 3

loses that are not wholly money based and therefore difficult to quantify examples pain and suffering caused by injury or loss

Question 4

what is special damages

Answer 4

amounts which can be calculated specifically up to the date pf the court hearing. for pecuniary loses. examples vehicle repairs, costs of hiring cars, costs of any medical treatment not covered by nhs

Question 5

what is general damages

Answer 5

amounts for non pecuniary loses, looking forward from the date of court hearing. speculative as future cannot be predicted. examples; loss of amenity, amount for pain and suffering

Question 6

what is a lump sum

Answer 6

it is a one off payment for claims focused on pain and suffering

Question 7

what is structured settlements

Answer 7

it is money paid in intervals

Question 8

what is mitigation of loss

Answer 8

this means claimants should keep loses to a reasonable level. case example macroft v scruttons

Question 9

what is contributory negligence

Answer 9

this is a partial defence to claims of negligence and occupiers liability. d argues that c partly caused the injuries suffered and asks the courts to reduce the blame and therefore damages to be paid

Question 10

what is criteria to be satisfied for contributory negligence

Answer 10

failure to take care means that c did not take appropriate in the situation (sayers v harlow udc) and contributing to harm this means that c must have helped to cause the injuries suffered despite the defendants fault (o’connel v jackson)

Question 11

what is consent

Answer 11

is when d shows that c voluntarily accepted a risk of injury. if successful c will receive no damages

Question 12

what are the criteria to be satisfied for consent

Answer 12

the claimant must have knowledge of the risk (morris v murray) (condon v basi) secondly the claimant must have free choice (smith v baker) finally the claimant must have voluntarily accepted the risk ( haynes v harwood)