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Descrição
Mapa Mental por Venessa Lean, atualizado more than 1 year ago
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Criado por Venessa Lean
mais de 6 anos atrás
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KCC Yr 10 Legal Studies Negligence
Remedies - Damages (Compensation) &
Injunctions
- Compensatory Damages for personal injury
- 1. General Damages include pain and
suffering, loss of amenities of life,
loss of expectation of life and
disfigurement.
- Civil Liability Act s61, s62 place
constraints on judges with how much
money can be awarded. The judge has
to use a scale value.
- Civil Liability Act s61, s62 place
constraints on judges with how much
money can be awarded. The judge has
to use a scale value.
- 2. Special Damages. these include monetary
compensation for expenditure capable of being given a
precise value. Eg: Doctor and hospital bills, public
transport to and from appointments.
- 3. Future Economic loss
(commonly refers to loss of future
earnings). The injury arising from
the negligence prevents the
plaintiff from returning to work
for a time or, perhaps at all.
- s54 of the Civil Liability Act
- maximum amount that
can be claimed is the "the
present value of three
times the average weekly
earnings per week for
each week of the period of
loss of earnings
- s54 of the Civil Liability Act
- maximum amount that
can be claimed is the "the
present value of three
times the average weekly
earnings per week for
each week of the period of
loss of earnings
- 1. General Damages include pain and
suffering, loss of amenities of life,
loss of expectation of life and
disfigurement.
- INJUNCTIONS Not financial, but a
court order that
usually commands a
party to stop
performing unlawful
act.
- EXAMPLES: Owners of a bus company ordered to not send
employees on bus runs until buses are repaired and meet
road worthy certification.
- EXAMPLES: Owners of a bus company ordered to not send
employees on bus runs until buses are repaired and meet
road worthy certification.
- EXEMPLARY, PUNITIVE OR AGGRAVATED damages for personal injuries cannot be claimed UNLESS the action which
gave rise to the claim was: 1 an unlawful, intentional act done with intent to cause personal injry; or 2 an unlawful
sexual assault or other unlawful sexual misconduct. Based on s 52 Civil Liability Act.
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