C1 Remedies Flashcards
1
Q
Remedies for trespass
A
- Writ of habeus corpus = courts can summon any person to appear before them to inquire reasons for their detention
- If no sufficient reason found, prisoner released
- C might obtain an injunction e.g. restraining order for harassment
2
Q
Damages
A
- Trespass to the person is actionable per se, without C having suffered any harm
- C might be awarded nominal damages (records vindication of C’s rights)
- Reduced remedies if false imprisonment was for a short period of time or C did not know about it
- If C suffered injury (compensatory damages unless escape was unreasonable and C injured himself because of it)
Hicks v Young (2015)
- Taxi drove off without allowing C to exit because he thought he wouldn’t pay
- C jumped out of moving car
- Unreasonable to do so
- Could recover in negligence however because taxi driver failed to take reasonable steps to take care of C’s safety
- Damages reduced by 50% due to contributory negligence
- Damages for false imprisonment can include injury to reputation
Hook v Cunard Steamship Co
- Sailor confided to his quarters following allegations of child molestation against him
- False imprisonment and sailor recovered damages
3
Q
Aggravated damages
A
- Available when trespass constitutes an affront to C’s dignity causing them humiliation or injury to feelings
Appleton v Garrett (1997) dentist performed unnecessary dental treatment on patients in order to make profit
- No consent
- Aggravated damages awarded for their feelings of anger and indignation and because they suffered mental distress
4
Q
Exemplary damages
A
- Punish D for outrageous behavior to mark the court’s disapproval of that behavior and to act as deterrence
- Awarded at common law
• For oppressive, arbitrary or unconstitutional actions by government servants
• Where conduct is calculated by D to make profit which would likely exceed any compensation they might otherwise have had to pay (make sure that tort does not pay)
AT v Gavril Dulghieru (2009)
- Ds pretended to assist Cs with immigration instead held them captive and forced them to work as prostitutes
- Cs awarded aggravated and exemplary damages
Thompson v Commissioner of Police of the Metropolis (1998)
- C unlawfully arrested on grounds of pushing a police officer (which was a lie)
- Was beaten and racially abused
- Awarded aggravated and exemplary damages
5
Q
Article 5 European Convention on Human Rights
A
Human Rights Act 1998
- Plea under art 5 goes hand in hand with false imprisonment (if one fails the other could succeed)
