10 - Remedies

Question 1

Compensatory Damages

Answer 1

The aim of damages in tort it to put the C in the position they were in before the tort occured, in so far as possible to do with money

Question 2

General damages

Answer 2

These are liquidated, which means they cant be calculated exactly, and the judge decided how much to aware

Question 3

When may general damages be awarded?

Answer 3

Pain and suffering - covering past future and present mental and psychical pain, including a shortened life expectancy or fear of future treatments
loss of amenity - loss of things the c used to enjoy like hobbies, senses ect
future loss - loss of pension rights or future expenses like nursing care
specific injuries - injuries carry a tariff of how much should be awarded - the kemp and kemp quantum of damages

Question 4

Special damages

Answer 4

This is when a loss can be calculated with some accuracy like medical expenses and loss of earnings

Question 5

Picket v British rail engineering ltd 1980

Answer 5

C inhaled aspeston causing health issues that limited his life expectancy, creating special damages due to his reduced life expectancy

Question 6

Pre trial expenses under special damages

Answer 6

the c may claim special damages for loss of earnings up to the date of thetrial and for other things up to the date of the trial like travel ect

Question 7

Property in special damages

Answer 7

Where property is destroyed, the damages are assesed based on its market value.
when damaged but not destroyed, assessed based on cost of repair

Question 8

Intermin payments

Answer 8

Part 25 of the civil procedure rules creates payments that are made before the full settlement is awarded. commonly used in personal injury claims.
this occurs when money is needed right away fro example, providing care for the person or adapting their home

Question 9

Periodical payments

Answer 9

Section 2 of the Damages act 1996 awards damages for future pecuniary loss in respect to personal injury and may be ordered to be paid periodically in the future

Question 10

Types of damage

Answer 10

Nominal damages
Contemptuous damages
Aggravated damages

Question 11

Nominal damages

Answer 11

Paid when no damage has been suffered

Question 12

Contemptuous damages

Answer 12

awarded when the court feels that the action should never have been brought, often because a C’s behaviour has been reprehensible

Question 13

Aggravated damages

Answer 13

Awarded when the court feels that the C’s injury has been aggravated by the D’s conduct and may therefore increase the amount of damages paid

Question 14

Mitigation of loss

Answer 14

the general principle that C’;s must do everything reasonable to mitigate their own loss. The d isnt liable if the damage was resulting from the C’s unreasonable failure to do so

Question 15

Wise v Kaye 1962

Answer 15

C was left permanently unconscious and unaware of her surroundings. C can only claim for pain and suffering if aware of their injuries

Question 16

What is an injunction?

Answer 16

A court order to prevent or force a defendant to do or not do something, and are used at the discretion of the courts

Question 17

When are injunctions commonly used?

Answer 17

Cases of nuisance or tresspass to stop a tort being commited

Question 18

What are the types of injunction?

Answer 18

Prohibitory injunction
Mandatory injunction
Partial Injunction

Question 19

Prohibitory injunction

Answer 19

An order preventing a D from continuing or committing a tort

Question 20

Watson v Croft promi-sport ltd 2009

Answer 20

example of the use of a prohibitory injunction agaisnt nuisance

Question 21

Mandatory injunction

Answer 21

An order from the courts to compel a D to act in a certain way - usually when C wants D to rectify damages

Question 22

Partial injunction

Answer 22

an order to limit or reduce a D’s activities - usually granted when there is a public benefit

Question 23

Jacklin v chief contstable of west yorkshire 2007

Answer 23

D placed a container in the way of the entrance to C’s land, a mandatory injunction was placed to move it

Question 24

Keneway v thompson 1981

Answer 24

C owned property next to a lake where it was more freqeuntly being used for events. partial injunction limited the amount of events that could take place