legaleasy

12 May, 2007

The Concept of Liability – Damages

Filed under: Concept of Liability,domestic law,Revision — legaleasy @ 11:58 am

The main remedy awarded by the courts is an order that an amount of money be paid to the claimant – this is called damages. The aim in all tort cases with the payment of damages is to put the claimant back in the same position as if the tort had not been committed. Obviously this is not always possible – e.g. serious personal injury claims. 

Damages can be either general or special damages. 

 

General damages are also known as non financial losses – their aim is to compensate for the injury itself. There are two categories – pain and suffering and loss of amenity.

The Judicial Studies Board lays down broad guidelines for the level of damages to be awarded.

 

Special damages are also known as financial losses. Their aim is to repay out of pocket expenses. They will also cover future costs. There are four main categories of special damages:- loss of earnings, medical costs, travel expenses, and damage to property.

 Remember,  a claimant has a duty to mitigate their losses – i.e lessen the damage resulting from the tort. If you have a car worth £500 you cannot claim repair costs of £900 for example.  Further, where a claimant contributes to the negligence through their own actions then this will reduce the amount of damages payable.

 

Additional Reading

 

Again I would encourage you to start revising. Read around the subject. Refer to your revision guides. Remember any questions come and ask me!

 

This will be the last post on the blog for a while as we are now into revision for the exams. See you in A2!

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