Self-test questions: Damages

. What is the object of compensatory damages in tort?

To return the Claimant to the position, as far as possible, as if the tort had not occurred.

To return the Claimant to the position as if the tort had not occurred.

To put the Claimant in the position they would have liked to be in if the tort had not occurred.

To put the Claimant in the position they would have reasonably expected to be in if the tort had not occurred.

To compensate the Claimant for their losses and punish the Defendant for committing the tort.

. Which type of damages are awarded upon the basis of what the Defendant has gained rather than what the Claimant has lost?

Compensatory damages

Exemplary damages

Nominal damages

Restitutionary damages

Aggravated damages

. A police officer receives a complaint of theft from the Claimant, but fails to investigate it properly, and then a few months later forges the Claimant's signature on a written statement withdrawing the complaint of theft. The officer's conduct amounts to misfeasance in a public office. Which type of damages would be most appropriate?

Compensatory damages

Exemplary damages

Nominal damages

Restitutionary damages

Aggravated damages

. The Claimant is a foreign national who has completed his prison sentence following a criminal conviction, however he is detained pending deportation on the basis of a government policy which had not been published. The Court decides that the Claimant has been falsely imprisoned as he has been detained and the detention was not on the basis of a lawful decision, however it turned out that the Claimant could have been detained lawfully under the published policy. Which type of damages would be most appropriate?

Compensatory damages

Exemplary damages

Nominal damages

Restitutionary damages

Aggravated damages

. Which of the following heads of damage are not classified as general damages?

Pain, suffering and loss of amenity

Damage to reputation

Handicap in the labour market

Loss of congenial employment

Loss of use of damaged property

. s.1(1) Law Reform (Miscellaneous Provisions) Act 1934 provides that a cause of action will survive the death of either party (Claimant or Defendant) and so their estate can continue pursuing or defending the claim. Which tort is the exception to this rule, so that the cause of action does not survive the death of either party?

Defamation

Trespass to land

Trespass to the person

Private nuisance

Public nuisance

. Victoria (an adult) is killed in a road traffic accident due to the Defendant's negligence, and Victoria's death is deemed to be virtually instantaneous. The cause of action survives Victoria's death and her parents bring a claim against the Defendant as administrators of her estate. Which of the following heads of damages will be recoverable?

Damages for Victoria's pain, suffering and loss of amenity.

Cost of repairs to Victoria's vehicle.

Damages for the pain of bereavement.

Damages for Victoria's loss of earnings until predicted retirement age.

Damages under the Fatal Accidents Act 1976.

. Asif dies in an accident caused by the Defendant's negligence. Which of the following people is unable to claim for loss of support under the Fatal Accidents Act 1976?

Melia his partner who he has lived with for 5 years

Asif's daughter Jamila

Melia's son Parsa

Asif's mother Mira who lived with Asif and Melia

Asif's brother Tahir who lived nearby

. Which of the following categories of people would be entitled to claim for damages for bereavement under s.1A Fatal Accidents Act 1976?

A father claiming for the death of a child under the age of 18 who was born illegitimately.

A mother claiming for the death of a child under the age of 18.

A mother claiming for the death of a child over the age of 18 who was never married.

A father claiming for the death of a child over the age of 18 who was never married.

A child claiming for the death of a parent.

. Zahid is injured when he trips and falls due to the negligence of the Defendant. He twists his knee and is unable to work for 3 weeks, play tennis or drive his car for that period. He has to buy painkilling medication and a bandage for his knee. Considering his claim for damages, which head of damages would he be unlikely to recover?

Damages for pain, suffering and loss of amenity

Cost of medication and the bandage

Cost of taxis for 3 weeks

Loss of earnings for 3 weeks

Loss of congenial employment

. Erin is injured in a road traffic accident. Liability is accepted by the Defendant, and she is awarded £50,000 in by the Court. Erin receives a voluntary payment of £10,000 from the Defendant upon acceptance of liability as well as a £10,000 interim payment before the case is resolved. Erin also receives sick pay from her employer and when that ceased to be paid, she also was able to receive some benefits from the government. Erin receives a donation of £1000 from a local charity to help her pay for physiotherapy. The general rule is that damages must be reduced to avoid over-compensation, but which of these payments will be disregarded and not be subject to deductions from her damages?

£10,000 voluntary payment from the Defendant

£10,000 interim payment from the Defendant

Sick pay from Erin's employer

Social security benefits from the government

£1000 from the charity to pay for physiotherapy

. Ryan is injured in an accident which is the Defendant's fault. Ryan is 45 years old and earned £30,000 per year prior to the accident and is unable to return to that job. Instead he gets a job in a supermarket paying £20,000 per year. Assuming he retires at the age of 65 what would be the appropriate calculation for his future loss of earnings?

£30,000 x 20 years = £600,000

£30,000 x 20 years x discount for contingencies < £600,000

£20,000 x 20 years = £400,000

£10,000 x 20 years = £200,000

£10,000 x 20 years x discount for contingencies < £200,000

. The Lord Chancellor set the current discount rate for personal injury claims in July 2019. What is the current discount rate?

3%

2.5%

1%

-0.25%

-0.75%

. Boris is seriously injured in an accident which is the Defendant's fault. He is unable to return to work and needs daily help with his personal care. He wishes to claim for the cost of his wife Theresa providing him with daily personal care and the cost of a private nurse or care provider. Which of the following statements is correct?

He can recover the cost of a private nurse or his wife providing him with care, but not both.

He can recover the cost of paying a private nurse but not any damages in relation to his wife providing care as it is provided freely.

He can recover the cost of an NHS nurse or care provider but not a private provider if it is more expensive.

He can recover the cost of private nursing care and damages in relation to his wife providing care.

He can recover damages in relation to his wife providing care, but not the cost of private nursing care as his wife is willing and able to assist him.

. Rishi is involved in a road traffic accident which is the Defendant's fault. His car is a classic car with unique features as he has spent 10 years painstakingly restoring the car. Unfortunately, his car is damaged beyond repair. The car in good condition was worth £10,000. The classic car parts that can be salvaged from the vehicle are worth £2,000. The Defendant's insurers offer Rishi £6,000 in full and final settlement. What would you advise Rishi in relation to recovery of damages?

He should be able to recover £12,000 as the value of the car and the parts.

He should be able to recover £10,000 as the value of his car.

He should be able to recover £8,000 being the value of the car, less the value of the salvageable parts.

He should be able to recover £6,000 as offered by the Defendant.

He should be able to recover £2,000 for the salvageable parts.

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