3.8 Remedies

Question 1

What are the 2 types of remedies in tort law

Answer 1

Damages and Injuctions

Question 2

What are damages

Answer 2

Compensation (money)

Question 3

What is the purpose of damages

Answer 3

To put the C back into the position they were in before the tort had happened

Question 4

In livingstone v raywards coal company, what did the courts say about damages in relation to injuries

Answer 4

Any injury is to be compensated by damages, should nearly as possible get to the some of money to put the party suffered in the position they were in before they sustained the wrong

Question 5

How did the courts contradict this in the later case of British Transport Commission v Gourley? What did they say?

Answer 5

Not possible to compensate any amount of money for grevious injury, therefore judges have to make fair estimate taking into account relevent considerations

Question 6

What are these considerations called?

Answer 6

Heads of damages

Question 7

What are the 5 different heads of damages

Answer 7

1. General Damages
2. Special Damages
3. Interim and Periodical Damages
4. Types of Damages
5. Mitigation of loss

Question 8

What are general damages?

Answer 8

Non-pecuniary, cannot be calculated. Judges decide on how much money to award.

Question 9

What sort of things are general damages awarded for

Answer 9

1. Pain and suffering
2. Loss of amenity (loss of something C enjoys, like not being able to do a sport because of broken leg due to D actions)
3. Future loss (losing a pension)
4. Specific injuries

Question 10

What covers ‘Pain and suffering’

Answer 10

Past,present or future mental anguish or physical pain.

• Inlcudes fear of pain and future anguish caused by shortened life expectancy

Question 11

What is a case for ‘Pain and suffering’

Answer 11

Wise v Kaye (1962)

Question 12

Facts of Wise v Kaye (1962)

Answer 12

C was left unconcious by the actions of D and became unaware of her surroundings.

Question 13

Held in Wise v Kaye

Answer 13

C could only be awared for the pain and suffering she was aware of. No claim when she was unconsious.

Question 14

What are special damages

Answer 14

Damages that can be assessed with some accuracy, like loss of earnings.

Question 15

What is the difference between pre-trail loss of earning and post-trail loss of earnings?

Answer 15

Pre-trail is considered special damages whereas post-trail is considered general damages.

Question 16

What is the formula created to help calculate post trail loss of earnings

Answer 16

Multiplicand x Multiplier = future loss of earnings

Question 17

What do the terms multiplicand and multiplier mean in this formula?

Answer 17

Multiplicand - Courts assessment of net anuall loss from the C

Multiplier - period of future loss

Question 18

What are some of the things in pre-trail expenses the C can claim special damages for?

Answer 18

Loss of earnings up to the date of the trail aswell as the expenses, travel costs and medical expenses.

Question 19

How is property destruction assessed?

Answer 19

They refer to the market value at the time of the destruction

Question 20

How is property damage assessed

Answer 20

Damages calculated based of repair costs, unless repair costs is greater than market value.

Question 21

In Interim and periodical payments, what are interim payments

Answer 21

Payments before the full settlement is awarded.

• In some cases immediate money is required before final calculation of claim

Question 22

In Interim and periodical payments, what are Periodical payments

Answer 22

damages relating to future pecuniary loss in respect of personal injury. Can be wholly or partial payments

Question 23

What are the 3 different types of payments

Answer 23

1. Nominal damages
2. Contemptous damages
3. Aggravated damages

Question 24

What are nominal damages

Answer 24

Paid when no damage has been suffered

Question 25

What are contemptous damages

Answer 25

awarded when courts fell action should have never been brought

Question 26

What are aggravated damages

Answer 26

awarded if courts fell like C’s injury has been aggravated by D’s actions, increasing total damages

Question 27

What is meant by mitigation of loss

Answer 27

C must do everything they can to mititgate their loss.

• D will not be liable if C failed to take reasonable steps to mitigate loss

Question 28

What is an injuction

Answer 28

Court order to either stop an action happening or forcing D to do something.

Question 29

What type of remedie is it?

Answer 29

Equitable, meaning its at the discretion of the courts

Question 30

What are the 3 different types of Injuctions

Answer 30

1. Prohibotary
2. Mandatory
3. Partial

Question 31

What is a prohibatory injunction

Answer 31

Order from the court preventing D from committing tort or continuing it

• Ususally in nuisance cases

Question 32

What is a Mandatory injunction

Answer 32

An order from court to compel D to act in paticular way.

• Usually when C wants D to rectify damage caused

Question 33

What is a Partial injunction

Answer 33

Order to limit D’s activities or reduce them

• Usually when the tort has some weight to public

Question 34

When would courts decide to award damages in lieu of an injuction

Answer 34

If the public interests outweighs the C’s interests

Question 35

What is a case that illustrates this

Answer 35

Miller v Jackson (1977)

Question 36

Facts of Miller v Jackson

Answer 36

Cricket club had been playing cricket for over 70 years, neighbouring land sold for housing construction. C bought a house and brought action of nuisance towards the cricket club.

Question 37

Held in Miller v Jackson

Answer 37

Public interest of the cricket club outweighed the C’s interest. Court awarded da,ages for any destructiono of property caused by cricket balls.

Question 38

Can damages be awarded in addition to an injunction?

Answer 38

Yes