Tort law Damages Remedies

Define Contemptuous Damages

Contemptuos damages are awarded when the court beliefs the claim, while valid, should not have been brought, resulting in an amount less than compensation

What are the Ogden Tables used for in tort law?

Ogden Tables are acturial tables that help estimate lost earning potential and life expectancy for calculating damages

What is the significance of the term quantum in tort law?

Quantum refers to the precise amount of damages warded, which depends on various circumstances surrounding the case

What is the relationship between tort law objectivites and remedies?

Tort law objectives such as compensation anf corrective justice guide the selection and application of various remedies avaliable to claimants

What type of damages might be awarded for extreme sufering in tort cases?

Aggravated damages may be awarded for claimants who have suffered an unusually high degree of distress ans suffering

What are compensatory damages?

Aggraved damages may be awarded for claimants who have suffered an usually high degree of distress or suffering

What are nominal damages?

Small sum awarded to acknowledge that a tort was committed even when no recognised loss exists

What guidelines do courts use for calculating compensatory damages?

Courts use the Judicial College Guidelines for suggested compensation ranges for various injuries, as well as considering expenses, loss of earnings and pain

What is the main focus of tort law remedies?

Provide compensation, corrective justice, deterrence, and vindication to the injured party

What is the importance of establishing elements of a tort?

Crucial - allows the court to determine liabiity and the appropiate remedies for the claimant

What is the primary aim of tort law remedies?

Ensure that injured parties to recieve adaquate compensation for their losses and suffering

Define corrective justice in tort law

Principle that the person responsible for loss or damage should also bear the responsibility and pay for that loss

What are aggravated damages?

Awarded when the court recognises that the claimant has experienced a higher than normal degree of suffering

What does the court consider when awarding compensatory damages for ongoing care needs?

The court considers the costs of lifelong care and any reasonable expenses incurred as a direct result of the injury

Primary objective of the law of tort?

Compensation - ensuring that victims of tortious conduct recieve money to restore them to their pre tort position

What does the Fatal Accidents Act 1976 provide for dependants?

Allows dependants of a deceased to claim bereavement damages and financial loss resulting from the victims death

How do exemplary damages serve a purpose beyond compensation?

Serve as a punitive measure against the defendant, aiming to deter similar conduct in the future

What is the role of deterrence in tort law?

To ensure that court decisions act as a warning to potential defendants, encouraging them to adhere to required stnadards to prevent harm

What does vindication mean in the context of tort law?

Refers to the courts role in investigating and identifying the true causes of harm, crucial for claimants who may otherwise blame themselves

What role do guidelines play in tort law compensation calculations?

Guidelines provide a structured approach for courts to assess and standardise compensation amounts for various types of injuries

How do compensation and corrective justice interact in tort law?

Ether compatible or conflicting, especially when compensation is paid by an insurer rather than the wrong - doer

Explain exemplary damages in tort law

Awarded to ounish the defendant and make an example of them, exceeding the amount needed for compensation

Can a claim be made on behalf of a deceased estate?

Yes. A claim can be made on behalf of a deceased estate if the deceased could have brought a claim themselves, meaning a tort must have occured without a valid defence

How do court determine the amount of compensatory damages for pain and suffering?

Courts look to establish guidelines, such as the Judicial College Guidelines, to determine compensatory amounts for pain, suffering, and loss of amenity

What is the function of compensatory damages in tort law?

Serve to financially restore the claimant to their original position to prior to the tortious act

What is the significance of the relationship between a tortfeasor and their insurer in tort law?

Can create conflicts between the objectives of compensation and corrective justice