Damages and Other Remedies

Question 1

TYPES OF DAMAGES

Answer 1

Compensatory in nature: the aim is to put C back in the position that they would have been in had D’s negligent act or omission never occurred.

May be general or special

Question 2

SPECIAL DAMAGES

Answer 2

Awarded for quantifiable and provable FINANCIAL losses accumulated up to the date of trial (e.g medical expenses, loss of wages).

Question 3

GENERAL DAMAGES

Answer 3

Awarded for uncertain future losses that cannot be specifically proven or quantified.

e.g it may be estimated that D will be unable to work for the rest of their lives. May calculate this using the multiplier method.

Includes non-financial losses, such as damages for pain, suffering and loss of amenity. Will be a bigger payout the more active D was before the accident.

Question 4

DEDUCTIONS FROM DAMAGES

Answer 4

Will not include state benefits, contributory negligence, sick pay, redundancy payout. However, insurance payouts, gifts or charity donations will not be deducted.

Question 5

DAMAGES FOR DEATH

Answer 5

A person who was dependent on the deceased can bring a claim for the damages suffered up to the date of death on the deceased’s estate.

Close blood relations, spouses and cohabitees of 2+ years only. Loss up to date of assessment using special damages and after assessment in lump sum or using multiplier.

Question 6

INJUNCTIONS

Answer 6

Only available for certain torts, e.g land-based tort.
May be mandatory, prohibitory or quia timet.