TORT LAW LIBRARY DAMAGES IN TORT

Similar documents
MEDICAL NEGLIGENCE. Michael A. Jones B.A., LL.M., Ph.D.,

Munkman on Damages for Personal Injuries and Death

COMPENSATION FOR PERSONAL INJURIES

The Modern Law of Negligence

How To Understand The Law Of Germany

REMEDIES TEXAS TORTS AND VOLUME 1 RELEASE NO. 44, APRIL Filed Through:

Negligence and Damages Bill

Management liability - Employment practices liability Policy wording

Independent Living Insurance. Policy Summary

Contents. Part I The issues in perspective 1. Part II The tort system in theory Introduction: surveying the field 3

Employer s Liability in a Practical Context

CHAPTER 160 FATAL ACCIDENTS AND PERSONAL INJURIES LAWS OF BRUNEI ARRANGEMENT OF SECTIONS. Section PART I PRELIMINARY

South Australia LAW REFORM (CONTRIBUTORY NEGLIGENCE AND APPORTIONMENT OF LIABILITY) ACT 2001

CONDITIONAL FEE AGREEMENTS GUIDANCE

Compensation Claims. Contents

Personal Injury Laws

General Liability Insurance

Road Accident Fund Act 56 of 1996 (RAFA)

Business Insurance Professional indemnity section for RIBA &/or RIAS architects Summary of cover

PLEASE NOTE. For more information concerning the history of this Act, please see the Table of Public Acts.

CHAPTER 310 THE LAW REFORM (FATAL ACCIDENTS AND MISCELLANEOUS PROVISIONS) ACT [PRINCIPAL LEGISLATION] ARRANGEMENT OF SECTIONS

Complete Professional Indemnity

GADSBY WICKS SOLICITORS EXPLANATION OF LEGAL TERMS

MERCER COUNTY COMMUNITY COLLEGE COURSE OUTLINE

Conditional Fee Agreement (CFA)

Public and Products Liability Amendments for Manufacturing

Executive summary and overview of the national report for Denmark

GENERAL LIABILITY - PUBLIC AND PRODUCTS LIABILITY

Motor Accidents Compensation Amendment (Claims and Dispute Resolution) Act 2007 No 95

MEDICAL MALPRACTICE DAMAGES WRONGFUL DEATH GENERALLY. 1

(1) A person to whom damage to another is legally attributed is liable to compensate that damage.

INTERNATIONAL TRAINING CENTRE OF THE ILO TURIN RULES GOVERNING CONDITIONS OF SERVICE OF SHORT-TERM OFFICIALS

Scheme Of Compensation for Personal Injuries Criminally Inflicted

Update on Statutory Damages Caps

Employers Liability. Policy. Introduction. Section 1: Definitions. Form NZEL XXXXXXXXXXXXX

Residents Associations Directors & Officers Liability Select. Policy Overview

PROFESSIONAL INDEMNITY INSURANCE

Sport & Social Clubs and Not For Profit Organisations Directors & Officers Liability Select

APPENDIX B: RECOMMENDATIONS TO BE IMPLEMENTED ON A NATIONALLY CONSISTENT BASIS

STATE UNIVERSITY OF NEW YORK COLLEGE OF TECHNOLOGY CANTON, NEW YORK COURSE OUTLINE LEST 320 NEGLIGENCE AND INTENTIONAL TORTS

Fatal Accidents. At common law there is no right of action for a person who has suffered a loss arising out of the death of a relative.

PLGL 1700: Torts Section 30i Fall 2015 Course Syllabus

How To Insure A Project In The Uk

LLOYD'S OF LONDON ARCHITECTS/ENGINEERS PROFESSIONAL LIABILITY CLAIMS MADE AND REPORTED INSURANCE POLICY NOTICE

CLAIMS FOR DAMAGES FOLLOWING FATAL ACCIDENTS IN GREECE

CGU PROFESSIONAL RISKS

Comcare Asbestos Related Compensation Claims & Workers Compensation Claim Management

Short Form CFA based on "APIL/PIBA 9" for personal injuries and clinical negligence claims from

STOP GAP EMPLOYERS LIABILITY COVERAGE

Professional Indemnity Select

Professional Indemnity Select

Structured Settlements: The Law and Practice

PLEASE READ THIS POLICY (AND THE SCHEDULE WHICH FORMS AN INTEGRAL PART OF THE POLICY) TO ENSURE THAT IT MEETS YOUR REQUIREMENTS

PELLISSIPPI STATE TECHNICAL COMMUNITY COLLEGE MASTER SYLLABUS TORTS LAW 2100

Complete Professional Indemnity

AUTOMOBILE LIABILITY & PHYSICAL DAMAGE COVERAGE AGREEMENT PART A GENERAL

EMPLOYMENT-RELATED PRACTICES LIABILITY ENDORSEMENT

Professional indemnity Summary of cover

Employer Indemnity Policy. Western Australia Workers Compensation and Injury Management Act 1981

Compensation for Personal Injury in English, German and Italian Law

Directors, Officers and Corporate Liability Insurance Coverage Section. This is a Claims Made Policy. Please read it carefully.

*Deakin, Johnston & Markesinis, Markesinis & Deakin s Tort Law, Oxford University Press, 6 th ed, 2008.

PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS FROM 31 JULY 2013

Scheme of Compensation for Personal Injuries Criminally Inflicted

Information sheet Pre-Action Protocol for Low Value Personal Injury (Employers Liability and Public Liability) Claims

FATAL ACCIDENTS ACT CHAPTER 32 CAP. 32. Fatal Accidents LAWS OF KENYA

SANTAM UMBRELLA LIABILITY

TORT LAW SUMMARY LAWSKOOL UK

Assessment of Personal Injury Damages

EMPLOYEE BENEFITS LIABILITY COVERAGE FORM

Joshua Hedgman Called in (0)

FOI Compensation settlements to members of the public

In order to prove negligence the Claimant must establish the following:

"Insurance Services Office, Inc. Copyright"

elite Employment Practice Liability Insurance Policy for Republic of Ireland Elite EPL(ROI)_1 i.07

Title 8 Laws of Bermuda Item 67 BERMUDA 1951 : 39 LAW REFORM (LIABILITY IN TORT) ACT 1951 ARRANGEMENT OF SECTIONS

Civil Liability Amendment (Personal Responsibility) Bill 2002

Isle of Man Criminal Injuries Compensation Scheme (Incorporating amendments up to 1 st November 1996)

INDIAN HARBOR INSURANCE COMPANY (herein called the Company)

B.C. LAWYERS COMPULSORY PROFESSIONAL LIABILITY INSURANCE POLICY NUMBER: LPL

Tort Liability Act (412/1974) in this or another Act, this Act does not apply to liability for damages under

OBTAINING COMPENSATION FOR HUMAN RIGHTS VIOLATIONS

CRIMINAL INJURIES COMPENSATION SCHEME: REVISED SCHEME AS ADOPTED BY THE STATES OF JERSEY 14th APRIL 2015

Trustee indemnity insurance

Damages comprise of two main elements; solatium and patrimonial loss (special damages).

Criminal Injuries Compensation Act, Part 1

PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS

Professional Indemnity

Liberty International Underwriters. Errors & Omissions Liability Insurance Policy for Information Technology Projects

Business Insurance RICS - compliant professional indemnity section only Summary of cover

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY PRINTERS ERRORS AND OMISSIONS LIABILITY COVERAGE

Civil Law and Procedure

ASSOCIATION LIABILITY Broker Information. innovative insurance protection

Chapter 15B. Victims Compensation. 15B-1. Short title. 15B-2. Definitions.

Community Pharmacy Professional Indemnity. Glyn Walduck, National Pharmacy Association, Head of Claims

Missouri Highways and Transportation Commission Policies

Complete Professional Indemnity

IN THE SUPREME COURT OF BRITISH COLUMBIA

MANAGING WORKPLACE EXPOSURES WITH EMPLOYMENT PRACTICES LIABILITY INSURANCE

Transcription:

TORT LAW LIBRARY DAMAGES IN TORT by David K. Allen, MA (Oxon); LL.M (McGill) of the Middle Temple, Barrister-at-Law Vice Président Immigration Appeal Tribunal Honorary Visiting Fellow, Department of Law, University of Leicester General Editor, Personal Injuries and Quantum Reports John T. Hartshorne, LL.B (Exeter); LL.M (Leicester) of the Inner Temple, Barrister-at-Law Lecturer in Law, University of Leicester Robyn M. Martin BA; LL.B; M.U.R.P. (Adel.) Professor of Law, University of Hertfordshire London Sweet &c Maxwell 2000

CONTENTS Préface Abbreviations Table of Cases Table of Statutes Table of Statutory Instruments Table of E.C. Législation Table of International Cases Table of International Législation PAGE v xi xv xxiii xxxvi xxxvii xxxviii xxxix PARA 1. INTRODUCTION 1-001 1. The nature of damages 1-003 2. Some other terminology 1-007 3. Différent types of loss 1-012 4. One bite at the cherry 1-024 5. Types of damages 1-046 2. DAMAGES IN PERSPECTIVE 2-001 1. CONSTRAINTS OF THE LEGAL SYSTEM 2-002 1. Political constraints and the preferencing of certain types of injury 2-009 2. European and international constraints on damages 2-024 2. ECONOMIC CONSTRAINTS ON DAMAGES 2-003 3. CULTURAL C:ONSTRAINTS ON DAMAGES 2-052 4. A CX)MPENSATION SYSTEM TO WHAT END? 2-062 1. Damages to what end? 2-072 2. Some criticisms of the tort system of damages 2-090 3. FACTORS OF GENERAL RELEVANCE TO THE ASSESSMENT OF DAMAGES 3-001 1. The disclaimer defence 3-004 2. The consent defence 3-019 3. The illegality defence 3-025 4. The necessity defence 3-026 5. The warning defence 3-027 6. The contrihutory négligence defence 3-028 7. Calculation of interest on damages 3-037 8. Costs 3-045 9. Limitation periods 3-052

viii CONTENTS 4. LIMITATIONS TO THE PRINCIPLE OF COMPENSATION 4-001 1. CAUSATION AND REMOTENESS OF DAMAGE 4-003 1. Causation as a matter of fact 4-003 2. Remoteness of damage 4-025 3. Intervening events 4-045 2. THE REQUIREMENT TO MITIGATE 4-067 1. Examples 4-068 2. Claimant's impecuniosity 4-077 3. Costs incurred through mitigation 4-079 4. Determining when losses hâve been reduced or avoided through "mitigation" 4-080 3. DÉDUCTION FOR COMPENSATING DAMAGES 4-083 1. The relevance of causation 4-085 2. Public policy 4-088 3. Reform 4-100 5. NON-COMPENSATORY DAMAGES 5-001 1. NOMINAL DAMAGES 5-001 2. CONTEMPTUOUS DAMAGES 5-002 3. EXEMPLARY DAMAGES 5-004 1. Oppressive, arbitrary or unconstitutional action by the servants of the government 5-019 2. Cases in which the defendant's conduct has been calculated by him to make a profit for himself which may well exceed the compensation payable to the claimant 5-023 3. Cases where exemplary damages are expressly authorised by statute 5-026 4. Further restrictions on the award of exemplary damages 5-028 5. Assessment of exemplary damages 5-037 6. Vicarious liability 5-041 7. The future of exemplary damages 5-044 4. RESTITUTIONARY DAMAGES 5-057 6. DAMAGE/INJURY TO PROPERTY RIGHTS 6-001 1. INTRODUCTION 6-001 2. DAMAGE TO LAND 6-002 1. Expenses 6-014 2. Loss of profits 6-015 3. Non-pecuniary losses 6-016 4. Limited interest of claimant 6-017 3. WRONGFUL INTERFERENCE WITH LAND 6-020 1. Temporary deprivation 6-021 2. Permanent deprivation 6-028 3. Housing Act 1988 sections 27 and 28 6-029 4. DESTRUCTION OF GOODS 6-032

CONTENTS ix 5. DAMAGE TO GOODS 6-042 6. CONSEQUENTIAL LOSSES 6-048 1. Loss of profit-earning goods 6-048 2. Loss on non-profit-earning goods 6-054 7. MlSAPPROPRIATION OF GOODS 6-058 7. DAMAGE TO ECONOMIC INTERESTS 7-001 1. INTERFÉRENCE WITH CONTRACTUAL RELATIONS 7-002 2. INFRINGEMENT OF INTEI.I ECTUAL PROPERTY R1GHTS... 7-009 3. NÉGLIGENCE 7-018 4. MLSREPRESENTATION 7-019 1. Fraudulent misrepresentation 7-020 2. Négligent misrepresentation under the Misrepresentation Act 1967 7-025 3. Innocent misrepresentation 7-031 8. DAMAGE TO REPUTATION, MENTAL DISTRESS AND PHYSICAL INCONVENIENCE 8-001 1. DAMAGE TO RÉPUTATION 8-003 1. Awards for damage to réputation in defamation 8-005 2. Awards in cases of false imprisonment and malicious prosecution 8-017 2. MENTAL DISTRESS 8-025 3. PHYSICAL INCONVENIENCE 8-054 4. QUANTIFYING DAMAGES FOR MENTAL DISTRESS AND PHYSICAL INCONVENIENCE 8-058 9. DAMAGES FOR PERSONAL INJURY 9-001 1. DAMAGES FOR PECUNIARY LOSS 9-003 1. Pre-trial losses 9-004 2. Post-trial losses 9-006 2. DÉDUCTION OF COLLATÉRAL BENEFITS 9-045 1. Insurance 9-046 2. Charitable and other payments 9-048 3. Sick pay 9-050 4. Disability pensions 9-053 5. Retirement pensions 9-054 6. Redundancy payments 9-057 7. Social Security benefits 9-058 8. Rights of third parties 9-066 3. NoN-PECUNIARY LOSSES 9-068 1. Pain and suffering 9-071 2. Loss of amenity 9-073 3. The tariff System 9-075 4. Reform proposais for non-pecuniary losses 9-083 4. ALTERNATIVE FORMS OF AWARD 9-088 1. Structured settlements 9-089 2. Provisional damages 9-096 3. Intérim damages 9-101

x CONTENTS 5. INTEREST 9-102 10. DAMAGES ON DEATH 10-001 1. CLAIMANTS UNDER THE FATAL ACCIDENT ACT 10-005 1. Calculating the dependency 10-012 2. Funeral expenses 10-027 3. Non-pecuniary losses 10-028 4. Collatéral benefits 10-030 5. Claims brought on behalf of the deceased's estate 10-043 11. THE FUTURE OF DAMAGES IN TORT 11-001 1. The Human Rights Act 1998 11-006 2. The laws of European States 11-015 3. Commonwealth and North American Law 11-021 4. Woolf 11-023 5. Funding of damages claims 11-029 6. Recoupment 11-037 7. Conclusion 11-044 Page Index 295