BTEC APPLIED LAW
Unit 1: dispute solving civil law
Damages, funding/ advice, civil courts/ ADR
, Damages (compensation)
-a sum of money paid by D to the C once liability has been found
-restore the C to their pre-incident position
-2 types (pecuniary losses and non pecuniary losses)
Pecuniary losses:
-Special damages
-Especially easy to work out
-Losses that can be calculated at the time of the trial
-Court awards
Non pecuniary losses:
-General damages
-Generally harder to work out
-Other forms of financial compensation
-Pain and suffering or damage for future financial loss
loss of future earnings:
Annual earnings x years you can't work for = damages
Case example→ Pickett v British Rail: C inhaled asbestos causing
mesothelioma. Evidence gave C one year to live
Mitigation of loss- C has duty to mitigate loss as much as possible
Unit 1: dispute solving civil law
Damages, funding/ advice, civil courts/ ADR
, Damages (compensation)
-a sum of money paid by D to the C once liability has been found
-restore the C to their pre-incident position
-2 types (pecuniary losses and non pecuniary losses)
Pecuniary losses:
-Special damages
-Especially easy to work out
-Losses that can be calculated at the time of the trial
-Court awards
Non pecuniary losses:
-General damages
-Generally harder to work out
-Other forms of financial compensation
-Pain and suffering or damage for future financial loss
loss of future earnings:
Annual earnings x years you can't work for = damages
Case example→ Pickett v British Rail: C inhaled asbestos causing
mesothelioma. Evidence gave C one year to live
Mitigation of loss- C has duty to mitigate loss as much as possible
