This is an extract of our Damages Working Guide document, which we sell as part of our Tort Law Notes collection written by the top tier of Oxford students.
The following is a more accessble 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?
o Aren't just pecuniary
Etc. o 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 o Damages not available as a right. Compensatory Damages - Personal Injury o Compensation = reparation (making good losses people have suffered) Two types:
? Pecuniary losses = simple
Wells v Wells o Can claim for
? Loss of Earnings
? Cost of Care
Minus any collateral benefits unless they are o Additional insurance benefits o Generosity of third parties giving money/care
So "free accommodation" is a collateral benefit: o 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 o 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
Buy the full version of these notes or essay plans and more in our Tort Law Notes.