damages- compensatory damages

Question 1

aim

Answer 1

put claimant in same position as if tort had not been committed

Question 2

special damages

Answer 2

amounts that can be calculated exactly, up to date of trial

-eg, repair and replacement of property

Question 3

general non pecuniary damages

Answer 3

things that don’t automatically have a definite amount, so it is estimated
-eg, loss of future earnings, pain and suffering etc

Question 4

lump sum

Answer 4

damages are usually awarded as this

Question 5

structured settlements

Answer 5

may be used in situations of catastrophic personal injury, eg requiring constant care for life
- can be paid as regular payments or one singular payment t