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Defences and remedies - Coggle Diagram

- - - - damage partly caused by negligence or want of care of plaintiff and partly be wrong of the defendnat shall be reduced based on degree of fault - if can't establish degree of fault - liability apportioned equally
      - look at blammeworthinesss and not strenght of causative factors - Iarnrod Eireann v Ireland
- - - - general damages for pain and suffering, reduction in life expectancy and loss of amenities
      - special damages for quantifiable losses - such as going to therapy
      - Shannon v Sullivan be fair to both parties, proportionate to both parties situation, social conditions and similar injuries
      - capped currently at 450 k Morrissey, may increase in future 150k originally sinnott
    - - generally for wrongdoings in trial -
      - Philip v Ryan falsified medical records
      - Kennedy v Hearne prosecuted for defamation throughout trial insisted that it was true
    - - focus on nature of wrongdoing
    - - shouldn't have brought case but technically won
      - Reynolds v Times Newspaper award of 1 pound