Notesale: Turn your study into money

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Jason Davies
Damages Notes
In negligence cases the court will award a successful claimant an amount of money as compensation
for the injuries or damage to property they have suffered
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Tort = Wrongful act
Three tracks
There are three different tracks a person can take when claiming for damage
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Heard by a Circuit judge and is
a quick process of 30 days
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Takes
a long time
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For example, if the claimant had to hire a car to use while their own car was being repaired then the
exact amount of hiring the car is known
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Such as;
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Loss of earnings
Damaged clothing
Damaged vehicles

Non-pecuniary Loss
Non-pecuniary loss refers to a loss due to pain, suffering and loss of amenity (enjoyment of life)
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General damages are not so easily calculated and the court will award them depending on the facts
and lifestyle of the claimant
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Payments to the Claimant:
Where the courts make an award of general damages for the pain and suffering or loss of amenity,
they can only ward it in a lump sum
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This can also be unfair to the defendant in situations where he claimant’s condition improves
considerably and there is no longer a need to pay for nursing and so on
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This is where the defendant and the claimant create an agreement so periodical payments are to be
paid to the claimant by the defendant for a period of time
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