Remedies

Question 1

What is the purpose of damages?

Answer 1

To put the claimant back in the position they would have been in if the tort had not been committed.

Question 2

Latin for the purpose of damages?

Answer 2

Restitutio in integrum

Question 3

What are general damages?

Answer 3

Unliquidated or non-pecuniary

Question 4

What do unliquidated/non-pecuniary damages mean?

Answer 4

They cannot be calculated exactly, and judge decides how much to award.

Question 5

What are unliquidated damages usually awarded for?

Answer 5

Pain and suffering
Loss of amenity
Future loss (nursing care)
specific injuries

Question 6

Loss of amenity

Answer 6

loss of things a claimant used to enjoy doing

Question 7

Pain and suffering

Answer 7

Covers past, present and future physical pain and mental anguish

Question 8

What are special damages?

Answer 8

Damages which can be assessed with some accuracy e.g. medical expenses, loss of earnings

Question 9

Future loss of earnings =

Answer 9

Multiplicand x multiplier

Question 10

What is multiplicand?

Answer 10

Courts assessment of the claimant’s net annual loss

Question 11

What is multiplier?

Answer 11

period of future loss

Question 12

What are pre-trial expenses?

Answer 12

special damages for loss of earnings up to the trial and expenses up to date of trial (travel expenses)

Question 13

What are property damages?

Answer 13

special damages when property is damaged/destroyed. Usually assessed by market value at time of destruction. If damaged, assessed by cost of repair unless cost is greater than market value, then latter is used.

Question 14

What are interim payments?

Answer 14

payments made before full settlement is awarded. Commonly used in personal injury claims.

Question 15

What is the act for interim payments?

Answer 15

Part 25 of the Civil Procedure Rules

Question 16

What are periodical payments?

Answer 16

Court awarding damages for future pecuniary loss may order that damages are partly/wholly to take the form of regular payments in future.

Question 17

Act for periodical payments?

Answer 17

Section 2 of the Damages Act 1996

Question 18

What are nominal damages?

Answer 18

Often paid when no damage has been suffered (£1)

Question 19

What are aggravated damages?

Answer 19

awarded if court feels claimant’s injury has been aggravated by defendants conduct and may therefore increase amount of damages.

Question 20

What is mitigation of loss?

Answer 20

Principle that claimant must do everything reasonable to mitigate their loss. Defendant not liable for damage resulting from claimant’s unreasonable behaviour.