Part Two Compensation, s.Two Damages for the Different Types of Loss, 11 Personal injury losses

Subject(s):

Breach of contract — Loss of chance and damages — Loss of profit and damages

This chapter considers the law on personal injury losses. Personal injury includes disease and physical illness, such as cuts, bruises, broken bones, loss of limbs or loss of the use of limbs, blindness, deafness, and brain damage. Recognised psychiatric illnesses are included. Claims for personal injury are nearly always founded on a tort (and usually the tort of negligence or breach of statutory duty) but they can also be founded on a breach of contract. Damages cover non-pecuniary loss and pecuniary loss. The chapter discusses claims by the injured person (with an addendum on damages for wrongful birth) and claims by the deceased’s estate.