Remedies

Question 1

The principle remedies which may be sought in reparation of a suffered or threatened delictual wrong are damages and interdict.

Answer 1

Damages are intended to compensate the victim for the harm whereas interdict prohibits the wrongful conduct.

Question 2

Compensation, ‘restitutio in integrum’

Answer 2

so far as money can

Question 3

Rees v Darlington Memorial NHS Trust [2004] 1 AC 309

Answer 3

adopted the concept of a ‘conventional award’, failed sterilization operation, pregnancy followed.

Question 4

Mitigation

Answer 4

the onus of proof with regard breach of duty to mitigate is upon the defender

Question 5

Once and for all rule

Answer 5

.

Question 6

Solatium

Answer 6

pain and suffering

Question 7

Patrimonial loss

Answer 7

loss to a person’s estate or wealth

Question 8

Damages (Scotland) Act 2011

Answer 8

.

Question 9

Interdict

Answer 9

‘a judicial prohibition or court order preventing someone from doing something. In an emergency, interim interdict can be obtained in the absence of the person against whom the order is sought (ie ex parte), preventive remedy