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Damages in Civil Legal Actions in Ireland-the Essentials - YouTube
Channel: Terry Gorry Solicitor
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okay in this video I'm going to take a
look at damages in civil actions in
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Ireland what are damages damages are
monetary compensation awards from the
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court in civil actions broadly there is
five types of damages one nominal
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damages this is where persons legal
right has been reached this has been
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recognized by the court but he's not
suffered any loss as a result on a
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financial loss number two contemptuous
damages the court may award a minimal
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some to the plaintiff to signal
disapproval of the plaintiffs conduct in
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other words there will be a recognition
that was some wrong donor plaintiff but
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that the plaintiff wasn't a wholly
innocent party either number 310 is
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exemplary or punitive damages these
damages are awarded to make an example
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of a defendant perhaps on public policy
grounds for example for false arrest
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against maybe a guard or something like
that generally these type of damages if
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there are no public policy grounds will
be against emanations of the state in
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other words and where the smaller person
takes on the big person or gets very
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very badly messed around or abused or
have the right infringed by essentially
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elimination of stage a public public
office force for set of force category
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of damages will be aggravated damages
these are award as additional
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compensation where the injury has been
increased due to the conduct of the
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defendant this might happen in a libel
defamation action for example here not
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only does the defendant at the same the
plaintiff was actually repeats the
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defamation so in these circumstances
aggravated damages could be orders and
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finally it was compensating damages
compensatory damages in contract cases
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are intended to put plaintiff in the
same position as he would have been in
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if the contract had been performed on
the other hand compensation
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compensatory damages in negligence or
tort cases the aim is to restore the
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plaintiff to the position they would
have been in how the tort or civil wrong
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not been committed a tort or a civil
wrong an example of such a tort is for
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example negligence or a personal injury
these are civil wrongs and the a.m is to
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put the plaintiff the person who
suffered the injury in the position that
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would have been in had the civil wrong
had the negligence not been permitted on
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them this is fine where pecuniary loss
has been suffered and is easy to
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quantify for example you might lose
maybe six months salary or six months
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wages and perhaps damage to your car but
it may be easy enough to quantify if
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there's no personal injuries and only
material damage in a particular case and
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perhaps financial loss doesn't say as a
result of being unable to attend work in
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these situations pecuniary loss is easy
enough to quantify however in personal
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injury cases the difficulty is the whole
question of future losses in personal
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injury cases then compensatory damages
can be divided into two broad categories
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one would be general damages which are
ordered for the general pain and
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suffering suffered in the personal
injury situation and number two with
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special damages these are awarded for
out-of-pocket expenses future losses and
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say it can be difficult to quantify and
you're going to be relying on actuarial
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evidence or reports to calculate loss of
earnings cost of medical care into the
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future and so on my name is Terry gory
I'm a solicitor an Infiniti Meade I hope
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you find this video useful thanks for
watching
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