Uni of Law GDL Tort Exam With 100% Verified
Detailed Answers
Types of Damages - ANSWER Compensatory and non compensatory (exemplary,
aggravated, contemptuous, nominal). Special (able to be calculated exactly prior to
trial) and general (must be estimated)
Duty to Mitigate - ANSWER Claimant must reasonably mitigate losses. Costs incurred
during mitigation can be claimed.
Types of Damages for Personal Injury Claims - ANSWER Pecuniary (monetary) and
non-pecuniary (pain, suffering - claimant must be aware of these following Wise v Kaye.
Need not be aware for loss of amenity - West v Shepherd)
Loss of Earnings - ANSWER Multiplier (number of years until retirement, discounted by
Ogden tables) X multiplicand (net salary, with deductors if applicable)
Cost of Care - ANSWER Starting point is loss of earnings of carer (Housecroft v Burnett)
but cannot exceed market rate
Loss of Earning Capacity/Smith v Manchester Corporation - ANSWER Claimant is still
able to work but disadvantaged. Very speculative.
Non-deductible Payments to Claimant - ANSWER Insurance payments, ill health
pensions, charitable payments
s.1 Law Reform (Miscellaneous Provisions) Act 1934 - ANS s.1(1) - all causes of action
survive the death of the claimant or defendant except defamation and bereavement
s.1(2)(a) - no loss of earnings claim after claimant's death
, s.1(2)(c) - no account taken of money received by the estate as result of the death eg life
insurance payments. Reasonable funeral costs can be claimed.
Fatal Accidents Act 1976 - ANSWER Provides for claims for loss of dependency; parents
of minors or spouses to claim bereavement; claim for funeral expenses if paid for by
dependents
Loss of Earnings (deceased) - ANSWER Multiplicand reduced by 25% for married with
kids; 33% for married no kids. Multiplicand only for period of dependency (up to
retirement for spouse; up to 18/end of full time education for kids)
Procedural Issues - ANSWER Children/ incapable adults can sue via a litigation friend.
There's generally a time limit of 6 years from the date the action arises - defamation is 1
year, personal injury is 3 years. For minors the clock starts when they turn 18 Limitation
Act 1980)
Trespass to the Person - ANSWER Battery - intentional application of unlawful personal
force (intent to application, reckless as to harm - Williams v Humphrey); direct and
immediate, with no defence (Collins v Wilscock - consent to day to day battery)
Assault - D intends C to apprehend immediate force, and C reasonable apprehends this.
D has no defence. There must be means to carry out threat (Stephens) but words can
negate the threat (Tuberville v Savage) or be the assault themselves (R v Ireland)
Defences to Assault or Battery - ANSWER Consent must be informed and voluntary. Self
defense must be reasonable, honest, and proportionate (Ashley, Cockroft). Provocation
is no defense (Lane)
Wilkinson v Downton - ANSWER 1. Deliberate act of misrepresentation.
2. Calculated to cause harm.
3. Actually causing harm.
Can be recognised psychiatric harm (Wainwright) and distress may be sufficient
(Rhodes v OPO)
Detailed Answers
Types of Damages - ANSWER Compensatory and non compensatory (exemplary,
aggravated, contemptuous, nominal). Special (able to be calculated exactly prior to
trial) and general (must be estimated)
Duty to Mitigate - ANSWER Claimant must reasonably mitigate losses. Costs incurred
during mitigation can be claimed.
Types of Damages for Personal Injury Claims - ANSWER Pecuniary (monetary) and
non-pecuniary (pain, suffering - claimant must be aware of these following Wise v Kaye.
Need not be aware for loss of amenity - West v Shepherd)
Loss of Earnings - ANSWER Multiplier (number of years until retirement, discounted by
Ogden tables) X multiplicand (net salary, with deductors if applicable)
Cost of Care - ANSWER Starting point is loss of earnings of carer (Housecroft v Burnett)
but cannot exceed market rate
Loss of Earning Capacity/Smith v Manchester Corporation - ANSWER Claimant is still
able to work but disadvantaged. Very speculative.
Non-deductible Payments to Claimant - ANSWER Insurance payments, ill health
pensions, charitable payments
s.1 Law Reform (Miscellaneous Provisions) Act 1934 - ANS s.1(1) - all causes of action
survive the death of the claimant or defendant except defamation and bereavement
s.1(2)(a) - no loss of earnings claim after claimant's death
, s.1(2)(c) - no account taken of money received by the estate as result of the death eg life
insurance payments. Reasonable funeral costs can be claimed.
Fatal Accidents Act 1976 - ANSWER Provides for claims for loss of dependency; parents
of minors or spouses to claim bereavement; claim for funeral expenses if paid for by
dependents
Loss of Earnings (deceased) - ANSWER Multiplicand reduced by 25% for married with
kids; 33% for married no kids. Multiplicand only for period of dependency (up to
retirement for spouse; up to 18/end of full time education for kids)
Procedural Issues - ANSWER Children/ incapable adults can sue via a litigation friend.
There's generally a time limit of 6 years from the date the action arises - defamation is 1
year, personal injury is 3 years. For minors the clock starts when they turn 18 Limitation
Act 1980)
Trespass to the Person - ANSWER Battery - intentional application of unlawful personal
force (intent to application, reckless as to harm - Williams v Humphrey); direct and
immediate, with no defence (Collins v Wilscock - consent to day to day battery)
Assault - D intends C to apprehend immediate force, and C reasonable apprehends this.
D has no defence. There must be means to carry out threat (Stephens) but words can
negate the threat (Tuberville v Savage) or be the assault themselves (R v Ireland)
Defences to Assault or Battery - ANSWER Consent must be informed and voluntary. Self
defense must be reasonable, honest, and proportionate (Ashley, Cockroft). Provocation
is no defense (Lane)
Wilkinson v Downton - ANSWER 1. Deliberate act of misrepresentation.
2. Calculated to cause harm.
3. Actually causing harm.
Can be recognised psychiatric harm (Wainwright) and distress may be sufficient
(Rhodes v OPO)
