Damages (AQA A-Level Law): Flashcards
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Practise the cards
10 cards from this deck
Restitutio in integrum meaning
Restitutio in integrum meaning
Restore claimant to position if tort had not occurred
General damages vs special damages
General damages vs special damages
General=unliquidated/non-pecuniary; Special=liquidated
Pain & suffering requirement (Wise v Kaye 1962)
Pain & suffering requirement (Wise v Kaye 1962)
Claimant must be consciously aware of their injuries
Future loss of earnings formula
Future loss of earnings formula
Multiplicand × Multiplier = Future loss of earnings
Multiplicand definition
Multiplicand definition
Court's assessment of claimant's net annual loss
Multiplier definition
Multiplier definition
Period of future loss, calculated using actuarial tables
Property damage (complete destruction) assessment
Property damage (complete destruction) assessment
Market value at time of destruction
Duty to mitigate loss
Duty to mitigate loss
Claimant must take reasonable steps to minimise loss
Nominal damages
Nominal damages
Token award (e.g. $1) when tort proven but no actual loss
Aggravated damages
Aggravated damages
Award when defendant's conduct made claimant's injury worse