Remedies

Question 1

Aims of Compensatory Damages

Answer 1

To place claimant in same position as if the tort had not been committed, as far as money can do so

Question 2

Pecuniary loss

Answer 2

-This is where the loss can easily be calculated in money terms, such as cost of hiring a car whilst claimants is being repaired

Question 3

Non Pecuniary loss

Answer 3

-This is where the loss cannot be wholly money-based and not strictly quantifiable.
-E.G, pain and suffering as result of accident, loss of ability to do things in lifestyle

Question 4

Special Damages

Answer 4

Are the amounts calculated up to the point of the date of trial or settlement
Essentially pecuniary losses

Question 5

General damages

Answer 5

Non-pecuniary losses from the point of trial or settlement
Evidence must be shown, can include loss of wages where annual calculations of losses times by amount of years lost will be awarded

Question 6

Under what act allows structured settlements to be made

Answer 6

Damages Act 1996 allows for structured settlements to be made

Question 7

Mitigation of loss

Answer 7

Claimant is entitled to be fully compensated for their loss but the amount of damages should be reasonable

Question 8

Injunctions

Answer 8

An order that stops someone from doing something or limiting the hours of such activity
-Coventry v Lawrence

Question 9

What happens if you do not comply with an order of civil court

Answer 9

This is Contempt of court and can lead to further fines or even imprisonment for failure to comply with injunction