Negligence (remedy) Flashcards
1
Q
What is the purpose of compensatory damages under the Damages Act 1996?
A
The aim is to put the claimant in their pre-tort position.
2
Q
What types of losses are claimed as pecuniary losses?
A
Pecuniary losses include financial losses such as medical bills.
Special damages will be awarded.
3
Q
What types of losses are claimed as non-pecuniary losses?
A
Non-pecuniary losses include non-financial losses such as loss of amenity.
General damages will be awarded.
4
Q
What duty does C have regarding loss mitigation?
A
C is under a duty to mitigate loss, which means to keep the loss to a reasonable level.
(Marcroft v Scruttons)
