Compensatory Damages (OCR A-Level Law): Flashcards

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Compensatory Damages
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Restitutio in integrum

Restoring claimant to pre-tort position

General damages

Unliquidated damages not precisely calculable

Special damages

Liquidated damages that are precisely quantifiable

Wise v Kaye (1962) requirement

Claimant must be aware of injuries for pain & suffering claim

Future loss of earnings calculation

Multiplicand × Multiplier

Pain and suffering

Physical pain & mental distress (past, present, future)

Loss of amenity

Deprivation of life's pleasures and activities

Nominal damages

Token award when rights violated but no actual loss

Property damage (destroyed)

Market value at time of destruction

Interim payments

Payments made before final settlement determined

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