remedies Flashcards
what is the aim of damages
to put c in the position that they were in prior to the negligent act
how will c try to quantify their losses
they will set out their losses in advance by listing them and attaching financial value to them
what are the two types of losses
pecuniary losses, non-pecuniary losses
what are pecuniary losses and an example
losses that are easy to attach financial value to eg damage to property
what are non-pecuniary losses
losses that cannot be easily quantified eg emotional distress
what is the c always under a duty to do
mitigate their losses (keep their losses at a reasonable level)
what is a case where the c had to mitigate their losses significantly
scruttons- c had been injured by d but then refused to attend hospital, worsening his injuries. he had to mitigate his losses because of this
what two types of damages are there
special damages
general damages
what type of loss do special damages link to
pecuniary losses
what type of loss do general damages link to
non-pecuniary loss
what are general damages based on
the judge looking forward to future losses
what are the two ways that a claimant may receive damages
in a lump sum or in a structures settlement
how must general damages be paid
as a lump sum
what is another form of compensation that does not involve money
injunctions
what are injunctions
a set of rules and regulations that the defendant must now abide by as a result of their tort
