12. Damages

Author(s):  
Dr Karen Dyer

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the issue of damages, covering key debates, sample questions, diagram answer plan, tips for getting extra marks, and online resources. To answer questions on this topic, students need to understand the following: the primary purpose behind an award of damages; the different types of damages; the three principal types of damage for which a remedy may be available: personal injury (death and psychiatric harm included), property damage, economic loss; and how to calculate an award (in principle).

2021 ◽  
pp. 33-49
Author(s):  
Carol Brennan

This chapter discusses the law on pure economic loss, which is loss that is not derived from physical injury, death, or property damage. It may be consequential, that is resulting from the acquisition of a defective product or property. More commonly, the issue arises due to a negligent misstatement, or provision of professional services. This is an area of commercial and professional importance where there has been a trend towards expansion in the area of negligent misstatement. The two key cases in this area are Murphy v Brentwood District Council and Hedley Byrne v Heller.


Author(s):  
Carol Brennan

This chapter discusses the law on pure economic loss, which is loss that is not derived from physical injury, death, or property damage. It may be consequential, that is resulting from the acquisition of a defective product or property. More commonly, the issue arises due to a negligent misstatement, or provision of professional services. This is an area of commercial and professional importance where there has been a trend towards expansion in the area of negligent misstatement. The two key cases in this area are Murphy v Brentwood District Council and Hedley Byrne v Heller.


Author(s):  
Dr Karen Dyer

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter presents mixed-topic questions on tort law. In order to answer them fully, students are required to blend their knowledge of the law of tort. They will be able to assess their knowledge on: the purpose of the law of tort; negligence — duty of care, breach, causation, economic loss; remedies; and vicarious liability. Each question is accompanied by a diagram answer plan and suggested answers. Tips for getting extra marks and online resources are also provided.


2019 ◽  
pp. 32-47
Author(s):  
Carol Brennan

This chapter discusses the law on pure economic loss, which is loss that is not derived from physical injury, death, or property damage. It may be consequential, that is resulting from the acquisition of a defective product or property. More commonly, the issue arises due to a negligent misstatement, or provision of professional services. This is an area of commercial and professional importance where there has been a trend towards expansion in the area of negligent misstatement. The two key cases in this area are Murphy v Brentwood District Council and Hedley Byrne v Heller.


Author(s):  
Duncan Fairgrieve ◽  
Richard Goldberg

Although this book is concerned primarily with the contractual liability of sellers of goods and with the liability in tort of manufacturers, we include here reference to other persons who may incur liability for defective products. The contractual liability of persons other than sellers has already been noted. Persons other than manufacturers who may incur liability in tort include retailers and persons who hire out or provide services involving the use of a product; donors and gratuitous bailors; wholesalers and importers; those who repair, service, recondition, assemble, install, or carry out work on a product; and probably also such persons or bodies as inspectors, engineers, testing agencies, and endorsers or certifiers of safety or quality. Finally, reference is made to the position of building contractors and builder-vendors. The discussion generally assumes that the claimant is suing in respect of personal injury or perhaps property damage, rather than economic loss simpliciter.


Author(s):  
Kefeng Mao ◽  
Xi Chen ◽  
Kelan Zhu ◽  
Dong Hu ◽  
Yan Li

Using image processing technology to extract important information, such as isoline and weather system of the meteorological facsimile chart, is conducive to integration with other information, and has important practical value in navigation operations, marine weather forecasting, target recognition, and image retrieval. In meteorological facsimile charts, there are many types of medium-value lines, dense lines in some areas, superimposition and presence of multiple information, such as isolines and isoline characters, intersection of specific weather system symbols, etc. For different types of contours, numeric characters, weather system symbols and other object characteristics, the corresponding object extraction and recognition methods are proposed: Remove the latitude and longitude lines and coastline in the meteorological facsimile map by basemap matching; According to the position and shape features of the figure box, extract the meteorological fax figure box, separate and remove the different character tagging information; On the basis of identifying triangles and semicircles in weather symbols of the frontal system, the frontal symbols are extracted based on the circumscribed triangles and template matching. First the contour character on the fax image is expanded into a block connected region. Determine the position of the character information by judging the number of pixels in the connected region, and then use rotation and template matching to identify the numeric character. Using the meteorological facsimile maps of the US Meteorological Center and the Japan Meteorological Center for the main information extraction, experiments show that the method of this paper has a good effect on the complete and accurate symbol extraction of frontal weather systems, and reduces the computational complexity of contour detection, isoline extraction and numerical recognition. The methods can detect some information from weather charts properly and the error rate is very low.


1979 ◽  
Author(s):  
Ευστάθιος Μπανάκας

Financial harm may be caused in many different ways. It can be said that it appears in several different ’’types", each produced in distinct factual circumstances. Different "types" of financial harm may demand a different treatment by the law. The considerations that ought to determine the policy of the law vary together with the factual . circumstances, in which each particular type offinancial harm becomes manifested. Thence the need for a separate examination of the major, or "generic", types of such harm, a need that has already been - detected by Comparative lawyers writing on the subject.(20) The present study will concentrate on the problem ' of financial harm that is not the product of a harmful intention (21) . In the Common Law of Negligence this problem is known as the "pure economic loss" problem. The solutions given to it by English Law are compared to the solutions of the French Law of Torts, and to those of the law of Torts of the German Federal Republic (West Germany)(22). The compared Tort systems not only are leadingthe major legal traditions of our age, each employing its own individual "style" (23), but, also, operate in virtually similar social and economic environments. This should allow the comparison to expose more easily the true merits of any "stylistic" idiosyncrasies, thatthey might possess in this particular connection. The problem of pure economic, loss caused by erroneous advice or information is not examined in * detail in the present study. It has been already the subject of comprehensive Comparative examination (24).


2018 ◽  
Vol 2018 (1) ◽  
pp. 17-26
Author(s):  
Sylwia Kaczyńska

The airport operator is required to undertake numerous actions to avoid a crisis situations or personal injury and property damage of airport users as well as passengers. Comfortable and efficient service must be in harmony with the superior value - safety and security. The paper subject is an analysis of the responsibilities of the airport operator in the area of safety and security in the context of its civil liability in tort. Possible sources and principles of airport operator liability will be illustrated by the example of the passengers services process at the airport.


Author(s):  
Dr Karen Dyer

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses general defences, covering key debates, sample questions, diagram answer plan, tips for getting extra marks, and online resources. To answer questions on this topic, students need to understand the following: the concept of negligence; the Occupier's Liability Acts; the defence of volenti non fit injuria; the defence of contributory negligence and the Law Reform (Contributory Negligence) Act 1945; and the defence of illegality — ex turpi causa non oritur action.


Author(s):  
Dr Karen Dyer

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses intentional torts. It covers key debates, sample questions, diagram answer plan, tips for getting extra marks, and online resources. To answer questions on this topic, students need to understand the following: trespass to the person: assault, battery, false imprisonment, the rule in Wilkinson v Downton, and Protection from Harassment Act 1997; trespass to land; trespass to goods and the tort of conversion; and defences to intentional torts: necessity, lawful arrest, consent, and self-defence.


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