Explain the difference between general and special damages in the law of tort. Explain when a duty of care is owed in the tort of negligence. Explain the law on occupiers' liabilit... Explain the difference between general and special damages in the law of tort. Explain when a duty of care is owed in the tort of negligence. Explain the law on occupiers' liability under the Occupiers' Liability Act 1984.
Understand the Problem
The question asks to explain specific legal concepts related to the law of tort, including differences between damages, duty of care in negligence, and occupiers' liability. This indicates a need for legal analysis and understanding of tort law.
Answer
General damages are for non-monetary harm; special damages cover monetary losses. Duty of care: foreseeable harm, proximity. Occupiers' Liability Act 1984: duty to trespassers.
In tort law, general damages compensate for non-monetary losses like pain and suffering, while special damages cover specific monetary losses such as medical expenses. A duty of care in negligence is owed if harm is foreseeable and there's a sufficiently proximate relationship between parties. The Occupiers' Liability Act 1984 deals with duties of occupiers towards unlawful visitors (trespassers), requiring reasonable care to prevent injuries from hazards on their premises.
Answer for screen readers
In tort law, general damages compensate for non-monetary losses like pain and suffering, while special damages cover specific monetary losses such as medical expenses. A duty of care in negligence is owed if harm is foreseeable and there's a sufficiently proximate relationship between parties. The Occupiers' Liability Act 1984 deals with duties of occupiers towards unlawful visitors (trespassers), requiring reasonable care to prevent injuries from hazards on their premises.
More Information
General damages are harder to quantify as they include pain and suffering or loss of amenity. Special damages are more precise, covering bills and income loss. The Occupiers' Liability Act 1984 provides limited protection to trespassers, typically focusing on intentional or reckless harm prevention.
Tips
A common mistake is confusing general damages with punitive damages, which are meant to punish the wrongdoer rather than compensate the victim.
Sources
- General Damages vs Special Damages in a Court of Law - thedoylelawoffices.com
- Occupiers' Liability Lecture - LawTeacher.net - lawteacher.net
- Injury or damage caused by negligence - Shelter England - england.shelter.org.uk
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