Chapter 17 Self-test questions

. Which remedy is the odd-one out?

Nominal damages.

Contemptuous damages.

Compensatory damages.

Exemplary damages.

. Which of the following is not a situation in which a court may award punitive or exemplary damages?

Where the wrongful conduct has been calculated to make a profit.

Where there has been arbitrary or oppressive action by a servant of the government.

Where the wrong was misfeasance in public office.

Where the wrongdoer has shown particular malice towards the claimant.

. In Thompson v Police Commissioner of the Metropolis the range of appropriate damages to be awarded against the police was £5,000 to £25,000, now thought to be double that due to inflation.

True

False

. Which of the following would not be included in pecuniary damages?

Medical expenses pre-trial.

Pain, suffering, and loss of amenity.

Living and care expenses post-trial.

Repair expenses pre-trial.

. Which of the following statements is accurate regarding calculation of compensation for loss of future earnings?

The multiplier must be discounted to allow for unknown future contingencies which would reduce the claimant's working life.

The multiplicand is the number of years which the claimant would have worked had the tort not occurred.

Loss of future earning is necessarily flexible in order to adjust to changes as they occur.

. Which case established that loss of future earning could include an element for 'lost years'?

Donnelly v Joyce

H. West & Son v Shephard

Willson v Ministry of Defence

Pickett v British Rail Engineering

. Tanya is severely injured in a traffic accident due to the negligence of a driver, Mark. She is cared for in the intensive care unit of Ashdown Hospital, part of Kingham NHS Trust, for 5 months. Which piece of legislation will be of relevance to legal action regarding her case?

Administration of Justice Act 1982 s.1(1)(a)

National Health Service Law Reform (Personal Injuries) Act 1948

The Road Traffic (NHS Charges) Act 1999

The Supreme Court Act 1981

. Structured settlements are currently of key importance in the tort compensation system.

True

False

. Which statement is most accurate regarding the overlap between tort and social security compensation?

Because the law is designed around the needs of the injured party, any overlap of payment will be upheld because it is ultimately to the claimant's benefit.

The law is designed to prevent any double payment and for that reason any social security benefit obtained by the claimant will be deducted from his tort compensation.

The defendant must ascertain the social security payments which have been received by the claimant since the event and deduct them from any tort compensation he pays to the claimant.

Almost all benefits received by the claimant during the five years after the event must be repaid to the government by the defendant before he pays compensation to the claimant.

. Shelfer v City of London Electric Lighting Company sets out the conditions in which damages may be awarded by the court in lieu of the injunction requested by the claimant. Which of the following is not one of the conditions?

When the injury to the claimant's right is relatively recent.

When the injury to the claimant's right is relatively small.

When the injury to the claimant's right is capable of being estimated in a small money payment.

When it is regarded as oppressive to the defendant to grant an injunction.

. Martin and Richard have lived together as a couple for 5 years, relying on Richard's income while Martin looked after the house and garden. Richard is killed in an accident at work, due to the negligence of his employer. Which one of the following would be most relevant to compensation regarding Martin's financial future?

Law Reform (Miscellaneous Provisions) Act 1934

Fatal Accidents Act 1976

Limitation Act 1980

Human Rights Act 1998 s. 12

. In which of the following best describes the effect of A v Hoare (2008)?

It confirms Stubbings v Webb, saying that 'breach of duty' under s 11 of the 1980 Act does not include trespass to the person.

It overrules Stubbings v Webb and holds that 'breach of duty' under s 11 of the 1980 Act does include trespass to the person.

It held dealt with the concept of 'date of knowledge' for the purposes of calculating date of accrual in latent damage cases.

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