2016 Fall Q7

wilsonchan18wilsonchan18
in Harris.Tort

Hi,

Is the "Non-Economic Damage" same as "Non-Pecuniary Damage"?

Thanks and Warm Regards,
Wilson

Comments

  • Staff-T1Staff-T1

    Yup they are the same

  • AndrewLAndrewL
    edited August 2023

    Hello,

    BattleActs solution for part c) says that size of damage is capped at 100k for non-pecuniary as mentioned in Dav.Non Pec. Report says answer plaintiff could recover the full 10 milion.

    Is this a mistake from the report?

  • Staff-T1Staff-T1

    I think the examiner's report is referring to a non-auto non-pecuniary damages, while the BA solution is referring to auto non-pecuniary damages

  • HateExams99HateExams99

    Hi, for part (b) sample answer 2 says "trust claims do not verify if plaintiffs have already been compensated, but trials do verify."

    Doesn't the collateral source rule say "... need not to be entered AT TRIAL"?

  • Staff-T1Staff-T1

    Yeah - In any case, I do not think that wording is the main point that will get you marks here. Regardless of whether the trial verifies double compensation, the insured would still receive it

  • NycxBattleNycxBattle

    Just to confirm.
    The 100k limit (with indexation) is only for Non - economic damage for AUTO Claims.

    If it is not an auto claim, there is no limit for non - pecuniary damage?

  • Staff-T1Staff-T1
    Hmm I'm not sure cause it's not in the syllabus - I think you'd probably be better off focusing on what's in it given the exam date proximity
Sign In or Register to comment.