Oakley v Walker - 1977
298 words (1 pages) Case Summary
16th Jul 2019 Case Summary Reference this In-house law team
Jurisdiction / Tag(s): UK Law
Oakley v Walker  121 Sol Jo 619
REMOTENESS OF DAMAGE – QUANTIFICATION OF DAMAGES
The plaintiff suffered severe personal injuries, including a change of personality, as a result of the defendant’s negligence. His injuries and in particular his personality changes caused his wife to leave him. The claimant ‘s two young children were left in his care.
The issue was whether the cost of providing care send attention for the children and of obtaining help with keeping the home and other such tasks which had previously been performed by the claimant’s wife was recoverable under the principles of remoteness of damage.
The Court held that as it was a reasonably foreseeable consequence of the personality changes which the claimant had suffered that his wife would leave him and that, if she did so, he would incur the financial cost of caring for their children and of performing those general household tasks which the claimant’s wife had once undertaken, these losses were not so remote as to prevent recovery (applying the test in The Wagon Mound No 1  A.C. 388). They fell within the general category of practical consequences of personal injury for which a claimant might recover damages.
However, the multiplier used in quantifying the award of damages for such losses should reflect the possibility that the situation might be resolved, for example in the event that the claimant should remarry. Damages were therefore awarded for a period of only serve years in respect of the losses caused by the personality changes.
Cite This Work
To export a reference to this article please select a referencing stye below:
Related ServicesView all
Related ContentJurisdictions / Tags
Content relating to: "UK Law"
UK law covers the laws and legislation of England, Wales, Northern Ireland and Scotland. Essays, case summaries, problem questions and dissertations here are relevant to law students from the United Kingdom and Great Britain, as well as students wishing to learn more about the UK legal system from overseas.
Potential Outcomes of Criminalising Forced Marriage (FM)
The following dissertation will discuss and evaluate the effect and likely outcome of criminalising forced marriages (FM). It is important to define what a FM is as there are several myths and stereotypes in society. Forced marriage can be defined as a marriage which occurs when one or both parties to the marriage have been pressurised into marriage....
The case concerned: Constructive trust, Common Intention, Detrimental Reliance, Quantification of Share, whether woman entitled to beneficial share......