D

    Cards (579)

    • What is the definition of damage?
      Loss or harm
    • What must an occupier of land tolerate from neighbors?
      A reasonable amount of noise
    • What is damnum sine injuria?
      Damage without legal remedy
    • What does injuria sine damno mean?
      Legal wrong without actual damage
    • What are nominal damages?
      Damages awarded without proof of damage
    • In which cases is damage presumed in defamation?
      In libel and some forms of slander
    • What does the Defamation Act 2013 require for claims?
      Serious harm to reputation must occur
    • What are damages?
      Money awarded for tort or breach
    • What is the general principle of damages?
      Claimant entitled to full compensation
    • What are substantial damages awarded for?
      When actual damage has been caused
    • What are aggravated damages?
      Damages increased by circumstances of wrong
    • What are exemplary damages?
      Damages to punish defendant's wrongdoing
    • How are liquidated damages defined?
      Fixed sum agreed in advance for breach
    • What are unliquidated damages?
      Damages fixed by the court
    • What is the purpose of damages in tort?
      To restore claimant to pre-tort position
    • What limits recovery of damages?
      Rules of remoteness of damage
    • What must a claimant do to mitigate losses?
      Take reasonable steps to reduce losses
    • What is contributory negligence?
      Claimant's negligence reducing damages
    • What is the purpose of damages in contract?
      To restore claimant to pre-contract position
    • What is Hadley v Baxendale known for?
      Establishing rules on remoteness of damage
    • What must a hotelier do if a reservation is cancelled?
      Make reasonable attempts to relet the room
    • What do damages for breach of the Human Rights Act follow?
      Principles of just satisfaction
    • What is a damages-based agreement (DBA)?
      No win, no fee agreement for lawyers
    • What percentage can lawyers claim in personal injury cases under DBA?
      Up to 25% of damages
    • What is the maximum percentage for DBA in employment tribunal cases?
      35% of damages
    • What is the maximum percentage for DBA in other cases?
      50% of damages
    • What does damnum sine injuria esse potest mean?
      Damage without wrongful act
    • What does the Dangerous Wild Animals Act 1976 regulate?
      Keeping of dangerous animals
    • What does the Dangerous Dogs Act 1991 prohibit?
      Breeding and possession of fighting dogs
    • What does the Anti-Social Behaviour, Crime and Policing Act 2014 extend?
      Control of dangerously out-of-control dogs
    • What is dangerous driving defined as?
      Driving far below expected standards
    • What is the maximum penalty for dangerous driving?
      Two years’ imprisonment and/or fine
    • What is the duty of employers regarding dangerous machinery?
      To safeguard employees from danger
    • What does the Factories Act 1961 require?
      Dangerous parts of machinery must be fenced
    • What does the Mines and Quarries Act 1954 address?
      Safety of machinery in mines and quarries
    • What does the Health and Safety at Work Act 1974 cover?
      General provisions on safety at work
    • What defines a dangerous offender?
      One who commits specified violent offences
    • What is the sentencing scheme for dangerous offenders?
      Extended sentence of imprisonment required
    • What is the role of the Parole Board for dangerous offenders?
      To recommend release during the second half
    • What does the DA notice request?
      Not to publish prejudicial information
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