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Damages - Coggle Diagram

- - - - Example situation:
        
        Bills / receipts for repairing equipment, vehicles or other property damage in the same accident that caused C's injuries
      - Livingstone v Rawyards Coal Co (1880):
        
        Held: Restitutio in integrum is the sum of money that puts the party in the same position they would've been if the wrongs was not sustained, for which he is now getting compensation / reparations
  - - - Rookes v Barnard (1964):
        
        Facts: C (employee of a company and part of trade union) was not satisfied with the union and wanted to quit his membership. D (union official) met with the boss and threatened to go on strike unless the boss fired C from employment.
        
        Held: Exemplary damages cannot be awarded and dismissed C's claim
        
        Principle:
        
        Exemplary damages are only awarded in following circumstances:
        
        Where C is a victim of oppressive / arbitrary / unconstitutional action by servants of the government
        
        Where D's conduct was calculated to profit himself that exceeds the amount of compensation payable to C (seen in defamation cases)
        
        Statute allows for such an award
        
        Conduct calculated to profit himself - John v MGN Ltd (1997):
        
        Facts: D (newspaper publisher) appealed against a libel award comprising of compensatory damages awarded to C regarding an article published in a tabloid
        
        Held: that compensatory damage will compensate C for damage to reputation; vindicate his name taking into account distress / hurt / humiliation which the defamatory publication has caused
        
        Oppressive, arbitrary or unconstitutional action of government - Ronald Beadle v Hamzah HM Saman (2007):
        
        Facts: Due to arbitrary exercise of public officers working for Income Tax Department, C's passport was wrongly detained for 16 years, causing him unable to return to England, and to also see his sick father
        
        Held: Awarded RM2 mill in general and RM1 mill in exemplary damages
  - - - Thompson v Metropolitan Police Commissioner (1997):
        
        "Damages are given when there's aggravating features resulting in C not receiving sufficient compensation for injury suffered
        
        Aggravating features can include humiliating situations or any conduct that shows insulting, malicious / oppressive manners
      - Utusan Melayu (M) Bhd & 3 ors v Tjanting Handicraft Sdn Bhd & anor (2005):
        
        Facts: D commissioned the Ministry of International Trade and Industry to supply batik costumes to APEC leaders at the APEC meeting. D claimed that C's article in the magazine in the natural and ordinary would mean that D produced ugly batik's and brought shame to the country by allowing world leaders to wear it
        
        Held: Found in favour of D and awarded damages including aggravating damages
        
        C appealed - on grounds that award was too much and influenced by prevaling trend in awarding damages. CA allowed and reduced quantum of damages
  - - - Tay Tuan Kiat & Anor v Pritam Singh Brar (1987):
        
        C complained that D wrongfully built the retaining wall on C's land and trespassed on C's land along with wrongfully remaining in possession, thus depriving C's use of enjoyment of said portion of land
        
        Held: No evidence that C suffered any damage/loss. Nominal damages awarded to C.
  - - - Grobbelaar v News Group Newspaper (2002):
        
        Facts: C (footballer) brought a libel action against D for publications in a newspaper alleging that he fixed football matches for money
        
        Held: jury awarded him compensatory damages but after protracted litigation in the HoL, decided to reduce C's damage as he acted in ways no decent / honest footballer would act
- - - - Awarded to compensate for direct effects of the accident, C's injuries directly linked to D's actions
        
        Courts will assess damage based on evidence and arguments tendered in court. There's a special method for calculating it
        
        Example:
        
        Future medical and nursing care
        
        Pain and suffering
        
        Loss of future earnings
        
        Pecuniary Loss
        
        Pre-trial loss of earnings
        
        Courts will decide on sum of money C receive if he had not been injured from date of injury up to date of trial
        
        Method: net income x no. of years between accident & trial = pre-trial loss of earnings
        
        Post-trial loss of earnings
        
        Courts take into account the possibility of unemployment, redundancy and other factors reducing the salary
        
        Method:
        
        Net annual loss of income (multiplicand) x Number of working years (multiplier) = LOFE
        
        Loss of earning capacity:
        
        Circumstance where earning potential is reduced due to injury (aka 'lost chance')
        
        In English law: C can claim damages for loss of earning capacity if he's a child / unemployed / no definite income / likely to suffer loss of earnings totally or partially in the future
        
        Malaysian law: C cannot claim future earnings or loss of earnings capacity if he's a child / unemployed because before injury he was not earning at all
        
        Doyle v Wallace (1998):
        
        Facts: C was unable to work following a car accident. If she couldn't qualify as a drama teacher, she would work as a clerk. As its too early to say due to her studies and the probability of qualifying or not, courts assessed her chances of qualifying 50% and her net future income at halfway of what she would've earned as a clerk and as a drama teacher.
        
        Held: This approach was upheld by the CA
        
        Adjustment to Multiplier
        
        Where C cannot work anymore - Chase International Express Ltd v McRae (2003):
        
        Starting point for arriving at multiplier is the number of years in C's working life
        
        Figure is reduced, considering factors like future unemployment and sickness ('vicissitudes of life' i.e. chance that working would've been cut short in any case)
        
        Where C's life expectancy has been shortened:
        
        The issue here is should D pay also for 'lost year'
        
        S - sum that would've been earned in the years after probable date of death
        
        1 more item...
        
        Cost of future medical and nursing care:
        
        General Rule: Reasonable medical treatment cost is claimable
        
        Method: Net annual cost of treatment (multiplicand) x Number of years to live (multiplier) = FMNC cost
        
        Medical Treatment - Wodrup v Nicol (1993):
        
        Per Russel LJ: if C is going to use private medicine in the future as a matter of choice, D cannot argue that claim should've been disallowed as he has the option to use NHS. But on the other hand if private facilities are not used, C cannot claim for expenses he wouldn't want to incur
        
        Nursing Care - Hunt v Severs (1994):
        
        Facts: D injured C in a road accident. D and C subsequently married, and D continued to provide her care.
        
        Held: Where burden of caring C is shouldered by relatives and friends, C's still has right to claim for compensation. C should be regarded as holding damages on trust for benefit of gratuitous care provider
        
        Deductions:
        
        When collateral benefits are received by C, general rule is that damages must be reduced accordingly to avoid overcompensation
        
        There are exceptions for certain social security benefits and sources of compensation
        
        Parry v Cleaver (1970):
        
        Facts: C was a policeman who was disabled by negligence of D and received a disablement pension.
        
        Held: HoL disregards the following sums that C has received as a result of an accident:
        
        Insurance payouts
        
        Income from pension funds
        
        Charitable donations
        
        Non-Pecuniary Loss
        
        Pain and suffering
        
        In personal injury claims, C must prove pain, suffering or emotional distress to be entitled to receive compensation from D.
        
        This is done by obtaining a report from a medical expert
        
        Per S1(1)(B) Administration of Justice Act 1982:
        
        If his expectation of life is reduced by his injuries, award for damages for pain and suffering will consider sufferings that will likely cause his shortening of expectation of life
        
        Kerby v Redbridge Health Authority (1994):
        
        Mere sorrow or upset at the loss of a child is not actionable
        
        Barber v Somerset County Council (2004):
        
        A nervous breakdown caused by work-related stress was treated as falling under his head
        
        Hicks v CC of South Yorkshire (1992):
        
        No claim would lie where death occurs instantaneously
        
        Loss of amenity
        
        Is the loss as a result of C's mental or physical capacity to do the things he used to, but now unable to enjoy or suffers as a result of personal injuries
        
        H West & Son Ltd v Shephard (1964):
        
        Claim for loss of faculty even though accident rendered C as 'human vegetable' so that she's unaware of her injuries, she's still entitled to claim for any loss of bodily function
        
        Lim Poh Choo v Camden and Islington LBC (1980):
        
        Damages cannot be refused simply because C is unable to enjoy damages in view of severity of her injuries
        
        Oakley v Walker (1977):
        
        Disfigurement of husband causing the wife and children to leave - taken into account
    - - Awarded to compensate for actual out-of-pocket expenses that C incurred as a direct result of D's actions or behavior
        
        Examples:
        
        Short term medical expenses - short term medical expenses like doctor's consultation fees, hospital charges
        
        Transportation costs - helps to cover costs of travelling to and from hospitals by car / taxi / train etc