Defences and Remedies

Question 1

contributory negligence

Answer 1

• negligence
• occupiers liability
• vicarious liability
• land (nuisance)
• land (rylands)

Question 2

consent

Answer 2

• negligence
• occupiers liability
• vicarious liability
• land (nuisance)
• land (rylands)

Question 3

warning notices

Answer 3

• occupiers liability

Question 4

exclusion clauses

Answer 4

• occupiers liability

Question 5

prescription

Answer 5

• land (Nuisance)

Question 6

statutory authority

Answer 6

• land (nuisance)

- land (rylands)

Question 7

planning permission

Answer 7

• land (nuisance)

- land (rylands)

Question 8

compensatory damages

Answer 8

most common remedy is compensation for the injuries C has suffered or for damage to C’s property

Question 9

pecuniary loss

Answer 9

a loss tht can be easily calculated in money terms

Question 10

non-pecuniary loss

Answer 10

a loss that is not wholly money

Question 11

earning calculation

Answer 11

multiplicand x multiplier = future loss of earning

Question 12

lump sum settlements

Answer 12

courts award the damages to be given as a one off payment

Question 13

structured settlement

Answer 13

parties can agree for the damages to be given over a period of time or can be for life

Question 14

mitigation of loss

Answer 14

the c is entitled to be compensated for losses but is also under a duty to keep the loss to a reasonable level

Question 15

injunctions

Answer 15

• perpetual injunction

- mandatory injunction

Question 16

perpetual injunction

Answer 16

a final order restricting D’s actions. most common form of injunctions

Question 17

mandatory injunction

Answer 17

a final order forcing D to carry out a certain action.least common form of injunction