Remedies

Question 1

what is the purpose of damages?

Answer 1

• injuries suffered or damage to property
• compensatory-put c in the position he would’ve been in had the negligent not occured
• not about punishing d
• 2 types of losses
  
  • pecuniary
  • non pecuniary

Question 2

what are special damages?

Answer 2

• specific
• up to date of trial-pecuniary
• exact figure

Question 3

what are general damages?

Answer 3

• vague
• non pecuniary
• pain and suffering, loss of amenity, medical expenses, loss of earnings
• need evidence for medical

Question 4

what are the method s of payment?

Answer 4

lump sums

• when C is given all the damages following his trial
• not appropriate for regular income

structured settlement

• damages act 1996
• usually when general damages would be very large amount
• periodic payments

Question 5

what is mitigation of loss?

Answer 5

C expected to mitigate his loss – under a duty to keep his loss to a reasonable level