Remedies Flashcards
What’s a pecuniary loss?
A loss that can be easily calculated in money terms.
What’s a non pecuniary loss?
A loss that is not wholly money based. It can include pain and suffering due to an accident or a change in lifestyle such as not being able to play a sport.
What are special damages?
These are amounts which can be calculated up to the date of the trial or settlement. They are the pecuniary loss. This could include the costs of repairing a car.
What are general damages?
Non pecuniary losses and look forwards from the trial or settlement date. They can include an amount for pain and suffering, loss of amenity, future medical expenses including paying for specialist care.
What evidence must be obtained for general damages?
Medical evidence of the effect of the accident on the victim and how long the injuries will take to heal. For future loss of earnings and future medical expenses there will be an annual calculation of the loss and this will be multiplied by the number of years of the loss.
What’s mitigation of loss?
Claimant must do everything reasonable to mitigate their loss. The D won’t be liable for the damage resulting from the C’s unreasonable failure to do so.
What are injunctions?
After damages, injunctions are the most common remedy in tort. Generally injunctions are an order of court to stop doing something.
What happens if someone fails to follow the injunction?
They will be in a contempt of court, a failure to follow an order of the civil court where the court can order punishment.
What’s a perpetual injunction?
Most common - as a final order. E.g in a nuisance case, to ensure that a person doesn’t continue to cause a nuisance to their neighbours.
What’s a mandatory injunction?
Less common - orders a party to carry out a certain action. E.g in a nuisance case, instructing the D to install sound proofing.
What’s the aim of an award of damages and when is this only possible?
To place the claimant in the same position as if the tort hadn’t been committed as far as money can do so - “Restitutio in integrum”. This is only possible where the claim is damage to property. If the C has suffered a disabling personal injury, this isn’t possible.
What’s lump sum and structured settlements?
Damages are awarded as a lump sum which is a one off payment in full and final settlement.
A structured settlement is a smaller lump sum with periodic payments. Achieved through annuity.
What did the Damages Act 1996 do?
It allows the amount to be reassessed at intervals to ensure that it’s value in real terms is maintained. This type of settlement protects the claimant who’s condition may become worse. It can also be fairer to the defendant who will only have to pay while the claimants condition requires it.
