KCC Yr 10 Legal Studies Negligence Remedies - Damages (Compensation) & Injunctions

KCC Yr 10 Legal Studies Negligence Remedies - Damages (Compensation) & Injunctions

1. 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.
   • 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

2. 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.

3. 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.