Tort Law notes fully updated for recent exams at Oxford and Cambridge. These notes cover all the LLB tort law cases and so are perfect for anyone doing an LLB in the UK or a great supplement for those doing LLBs abroad, whether that be in Ireland, Hong Kong or Malaysia (University of London).
These were the best Tort Law notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LLB samples from outstanding law students with the highest results in ...
The following is a more accessible plain text extract of the PDF sample above, taken from our Tort Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Damages
What are they?
Aren’t just pecuniary
Compensatory
Nominal
Aggravated
Restitutionary
Disgorgement
Deteratative
Etc.
HRA s.8(1): Public Authority infringes Convention Right
Must be “just satisfaction” that damages should be awarded.
Factors to take into account = any relief/remedy granted
AND consequences of that decision
Damages not available as a right.
Compensatory Damages – Personal Injury
Compensation = reparation (making good losses people have suffered) Two types:
Pecuniary losses = simple
Wells v Wells
Can claim for
Loss of Earnings
Cost of Care
Minus any collateral benefits unless they are
Additional insurance benefits
Generosity of third parties giving money/care
So “free accommodation” is a collateral benefit:
O’Brien v Independent Assessor: X brings claim for being in prison for longer than he should have been. Home Office admit liability but try to reduce damages b/c X has got free board and lodging by being in prison.
Lord Bingham: as free men they would have had to keep themselves alive, so deduction should reflect this freebies they’ve received by staying in prison.
Lord Bridge (dis): if as result of injury X gets put in hospital and lodges there, we wouldn’t normally reduce the damages then
Free Care is not
Hunt v Severs
Person provides free care – taken into account?
HoL: recover full amount. Hold on trust for those giving free care
UNLESS person giving free care is actually D himself, in which case damages reduced.
Non Pecuniary losses = intangible e.g. loss of enjoyment, use, pain and suffering (inc distress owing to loss of life expectancy – Admin of Justice Act 1982 s.1(1)(b))
Wells v Wells
Brought claim also for pain and suffering + loss of amenity.
Edelman: figure will essentially be arbitrary
Judicial Studies Board: publish book to say how much each particular type of non-pecuniary “costs”
E.g. loss of finger = 2000, which factors in pain and suffering + loss of amenity.
And you can get these even if you’re in a coma
West v Shephard
Maj HoL: get even if you were in a coma b/c you have lost being able to appreciate things consciously for that period of time.
Debate over whether you can claim where you’ve suffered no loss
Ashley v Chief Constable
C shot by police owing to mistake of identity. Police admitted negligence and paid all costs, but C wanted punitive damages.
Lord Roger: if no loss, then do have award of damages – but called nominal. Losses can only be awarded for financial losses or one of those exceptions
Lord Scott: damages also about vindicating people’s rights. Can get substantial award for value of right infringed.
Constantine v Imperial Hotels
C refused lodging by D b/c racist. C sues them for failing to provide accommodation as an innkeeper. D argues that C got better accommodation down the road so D ought not pay.
Justice Birkhead: you can have nominal damages – infringement of rights leads to injured feelings, so get 20.
Stevens: 20 in 1945 = not nominal damages for the time, but substantial damages for infringement of D’s rights.
Compensatory Damages – Damage to Property
Same principles as above
If destroyed = cost of replacement
If damaged = diminution in value from...
Buy the full version of these notes or essay plans and more in our Tort Law Notes.
Tort Law notes fully updated for recent exams at Oxford and Cambridge. These notes cover all the LLB tort law cases and so are perfect for anyone doing an LLB in the UK or a great supplement for those doing LLBs abroad, whether that be in Ireland, Hong Kong or Malaysia (University of London).
These were the best Tort Law notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LLB samples from outstanding law students with the highest results in ...
Ask questions 🙋 Get answers 📔 It's simple 👁️👄👁️
Our AI is educated by the highest scoring students across all subjects and schools. Join hundreds of your peers today.
Get Started