Tort of Negligence- Calculating
Damages.
● Compensatory damages- the court can award
compensation to a successful claimant for the injuries and
losses that have been suffered and for damages to
property.
● Purposes of damages: compensatory, put the claimant in
the position they would have been in had the event not
occurred. (will include- actual losses, future losses, the
injury.)
● The claimant is required to take reasonable steps to
mitigate (reduce) their loss.
● The defendant will not be liable to compensate the
claimant for any losses that could have been prevented by
taking such steps
● The claimant is entitled to be compensated for their loss,
but they’re under a duty to keep the loss to a reasonable
level. This is called mitigation of loss.
● For example, the claimant can’t claim for private treatment
if there is a suitable treatment under the NHS. On the
other hand, if treatment is only available privately, the cost
of the private treatment can be claimed.
● Same principles apply to property damage. If property has
been damaged beyond repair, the cost of replacing that
property can be claimed. Replacing the item with a more
expensive replacement would not be allowed.
, Damages
● Payable only once
➔ Therefore, if more than one defendant shares the cost in
proportion to their contribution to the harm as in Barker v
Corus 2006.
➔ A case where the claimant identified two defendants
responsible for him contracting asbestos.
● Contributory negligence
➔ Where a claimant contributes to the loss by their own
negligence their damages will be reduced accordingly
➔ Froom v Butcher 1976
Pecuniary
● The losses which can be calculated in monetary terms (we
can put a figure on it). Eg, wages, damage to property,
therapy costs.
Non-pecuniary Loss
● The losses which cannot be quantified. Eg, pain, suffering
and loss of amenity. These must be assessed at trial.
Special damages
● The pecuniary losses which can be calculated at the date
of the trial/settlement.
● Everything up to the trial
General damages
● The non-pecuniary losses to the date of the trial and all
future losses such as loss of earnings or pain and
suffering.
● Beyond the trial
Damages.
● Compensatory damages- the court can award
compensation to a successful claimant for the injuries and
losses that have been suffered and for damages to
property.
● Purposes of damages: compensatory, put the claimant in
the position they would have been in had the event not
occurred. (will include- actual losses, future losses, the
injury.)
● The claimant is required to take reasonable steps to
mitigate (reduce) their loss.
● The defendant will not be liable to compensate the
claimant for any losses that could have been prevented by
taking such steps
● The claimant is entitled to be compensated for their loss,
but they’re under a duty to keep the loss to a reasonable
level. This is called mitigation of loss.
● For example, the claimant can’t claim for private treatment
if there is a suitable treatment under the NHS. On the
other hand, if treatment is only available privately, the cost
of the private treatment can be claimed.
● Same principles apply to property damage. If property has
been damaged beyond repair, the cost of replacing that
property can be claimed. Replacing the item with a more
expensive replacement would not be allowed.
, Damages
● Payable only once
➔ Therefore, if more than one defendant shares the cost in
proportion to their contribution to the harm as in Barker v
Corus 2006.
➔ A case where the claimant identified two defendants
responsible for him contracting asbestos.
● Contributory negligence
➔ Where a claimant contributes to the loss by their own
negligence their damages will be reduced accordingly
➔ Froom v Butcher 1976
Pecuniary
● The losses which can be calculated in monetary terms (we
can put a figure on it). Eg, wages, damage to property,
therapy costs.
Non-pecuniary Loss
● The losses which cannot be quantified. Eg, pain, suffering
and loss of amenity. These must be assessed at trial.
Special damages
● The pecuniary losses which can be calculated at the date
of the trial/settlement.
● Everything up to the trial
General damages
● The non-pecuniary losses to the date of the trial and all
future losses such as loss of earnings or pain and
suffering.
● Beyond the trial
