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Cards (579)
What is the definition of damage?
Loss
or
harm
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What must an occupier of land tolerate from neighbors?
A
reasonable
amount of noise
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What is damnum sine injuria?
Damage
without legal remedy
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What does injuria sine damno mean?
Legal wrong without
actual
damage
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What are nominal damages?
Damages
awarded
without proof of damage
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In which cases is damage presumed in defamation?
In
libel
and some forms of
slander
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What does the Defamation Act 2013 require for claims?
Serious harm to
reputation
must occur
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What are damages?
Money awarded for
tort
or
breach
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What is the general principle of damages?
Claimant entitled to full
compensation
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What are substantial damages awarded for?
When
actual damage
has been caused
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What are aggravated damages?
Damages increased by circumstances of
wrong
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What are exemplary damages?
Damages to punish
defendant's
wrongdoing
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How are liquidated damages defined?
Fixed sum agreed in advance for
breach
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What are unliquidated damages?
Damages fixed by the
court
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What is the purpose of damages in tort?
To restore
claimant
to
pre-tort
position
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What limits recovery of damages?
Rules of
remoteness of damage
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What must a claimant do to mitigate losses?
Take
reasonable
steps to reduce losses
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What is contributory negligence?
Claimant's
negligence reducing
damages
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What is the purpose of damages in contract?
To restore
claimant
to
pre-contract
position
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What is Hadley v Baxendale known for?
Establishing rules on
remoteness of damage
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What must a hotelier do if a reservation is cancelled?
Make reasonable attempts to
relet
the room
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What do damages for breach of the Human Rights Act follow?
Principles of
just satisfaction
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What is a damages-based agreement (DBA)?
No win, no fee
agreement for lawyers
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What percentage can lawyers claim in personal injury cases under DBA?
Up to
25%
of damages
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What is the maximum percentage for DBA in employment tribunal cases?
35%
of damages
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What is the maximum percentage for DBA in other cases?
50%
of damages
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What does damnum sine injuria esse potest mean?
Damage without wrongful act
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What does the Dangerous Wild Animals Act 1976 regulate?
Keeping of dangerous animals
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What does the Dangerous Dogs Act 1991 prohibit?
Breeding and possession of fighting dogs
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What does the Anti-Social Behaviour, Crime and Policing Act 2014 extend?
Control of dangerously out-of-control dogs
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What is dangerous driving defined as?
Driving far below expected standards
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What is the maximum penalty for dangerous driving?
Two years’
imprisonment and/or fine
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What is the duty of employers regarding dangerous machinery?
To safeguard
employees
from danger
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What does the Factories Act 1961 require?
Dangerous parts of
machinery
must be fenced
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What does the Mines and Quarries Act 1954 address?
Safety
of machinery in mines and quarries
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What does the Health and Safety at Work Act 1974 cover?
General provisions
on safety at work
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What defines a dangerous offender?
One who commits
specified
violent offences
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What is the sentencing scheme for dangerous offenders?
Extended sentence
of imprisonment required
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What is the role of the Parole Board for dangerous offenders?
To recommend release during the
second
half
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What does the DA notice request?
Not to publish
prejudicial
information
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