Remedies

Question 1

Define non-pecuniary damages.

Answer 1

Damages that cannot be adorned with a specific value.

Question 2

Give the 4 types of non-pecuniary damages.

Answer 2

• Pain and Suffering (Hicks v. South Yorkshire Police)
• Loss of Amenity (West v. Shepard)
• Loss of future earnings (Doyle v. Wallace).
• Fatal accidents - (Martin and Brown v. Grey)

Question 3

What are pecuniary damages?

Answer 3

Damages that can be adorned with a price e.g. damage to property.

Question 4

What is mitigation of loss.

Answer 4

The Claimant is expected to prevent further loss or injury e.g. using free NHS healthcare rather than private healthcare.

Question 5

List the 5 types of injunction.

Answer 5

Mandatory injunction - makes the D. do something
Prohibitory injunction - stops the D. from committing the tort.
Interim injunction - implemented before the trial
Partial injunction - allows the D. to committ tort at certain times.
Full injunction - prevents the D. from committing the tort again.

Question 6

Can injunctions be used in trivial matters?

Answer 6

No, as seen in Llandudno UDC v. Woods

Question 7

Give a case in which a partial injunction was used.

Answer 7

Thompson v. Kennaway.