Study guide
Remedies to duty of care application to a problem question
- Module
- Tort Law
- Institution
- University Of Leeds (UoL)
A step by step guide to the remedies that can be applied in a negligence problem question. First Class Standard.
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Negligence Flow Chart (6): DamagesTortious damages are compensatory, damages will depend upon the injury.
Basic Principles
Tortious damages are backwards looking, and attempts to put the injured party in the same
position as they would have been had the wrong not been sustained. It is also known as the
100% principle, where the courts try to make good 100% of the losses suffered.
The awards can be very big (Maisha Najeed - £24m) so they can be awarded as a lump sum,
or as a periodic payment. The sum will be based on loss suffered, age and duration of injury
sustained. The person you are suing must be able to meet the judgment.
Non-pecuniary loss
There are three elements:
1. Pain and suffering – broadly understood to include embarrassment, humiliation and
loss of dignity
2. Loss of amenity – loss of curtailment of non-remunerative activities
3. Single undifferentiated sum known as PSLA is usually given
Judges use the guidelines Assessment of General Damages in Personal Injury Cases 1992,
which is updated regularly (now 2017). They are semi-official. Damages are often low
compared to pecuniary loss as personal damage doesn’t normally cause medical cost or
affect jobs, if it does, this would be covered under pecuniary loss.
There were some proposals to increase the level of damages, the Law Commission produced
a report on non-pecuniary damages and proposed to increase £2-3k awards by 50% and to
increase larger awards by 50-100%.
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