2015 Spring 5 a

xuchaofanxuchaofan
in Dav.NonPec

Hi,

I think we may have already related discussions, but everyone can give me a short hint about why here the 2M should be considered as non-pecuniary damage and should be capped? It's not just pain and suffering? If not, what losses cane be shown as $X should be also capped?

Thanks,

Comments

  • grahamgraham

    This is confusing exam question. The 2M in future income is not capped because because the Trilogy cap only applies to non-pecuniary damages. Loss of future income is a pecuniary damage.

    When the question asks how the Trilogy cap will be applied, the answer has nothing to do with the 2M in future income. But the question doesn't provide any other information so all you can do is state in general how the Trilogy cap works: Any non-pecuniary damages are capped at 100K, indexed for inflation.

  • xuchaofanxuchaofan

    Thank you @graham. Now I understand.

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