Remedies

Question 1

Damages

Answer 1

Aim of tort is to return the claimant to the position that they would have been in should the incident not have occured

Question 2

Compensatory Damages

Answer 2

Court can award compensation for injuries suffered or property damaged.
Damages should restore the claimant to their position before

Question 3

Special Damages

Answer 3

Loss of earnings or or medical bills - easily quantifiable

Question 4

Mitigation of Loss

Answer 4

The claimant is expected to mitigate their loss, if they can work part time or at a lower wage that’ll be deducted from their award

Question 5

Mitigation of Loss Case

Answer 5

Marcroft v Scruttons 1954 - Plantiff was injured due to defendants negligence, he refused to go to hospital and his injuries worsened.
due to the duty to mitigate losses, the losses after his refusal to visit hospital were not recoverable

Question 6

Nominal Damages

Answer 6

These are warded when there is little to no harm casued. Usualy very small amount. Damages are payable just because the tort happened
eg. Trespass or defamation

Question 7

Contemptuous Damages

Answer 7

These are warded when the level of harm caused is low and the Court believes the action shoudknt have been taken.
can be as low as 1 penny

Question 8

Exemplary Damages

Answer 8

‘Punitive Damages’ aimed to punish defendants and to show the damages properly reflect the damage caused.

Question 9

Exemplary Damages Case

Answer 9

Treadway v Chief Constable of West Midlands 1994 - Police tortured a confession out a suspect who then received 15 years imprisonment.
Exemplary damages were awarded against the police as they had shown total disregard for the law

Question 10

Damages Act 1996

Answer 10

Judge may award periodical payments with or instead of a lump sump, which could run up to the remainder of their life

Question 11

Can only be made in lump sump

Answer 11

Pain and suffering
Loss of amenity

Question 12

General Damages

Answer 12

Less easily Calculated:
- Pain & Suffering
- Loss of Amenity
- Future medical bills and personal assistance
Loss of future earnings

Question 13

Injunctions

Answer 13

awarded when dames are not an adequate remedy
At discretion of court

Question 14

2 types of Injunctions

Answer 14

Mandatory - Compel the defendant to do something
Perpetual - Stop the defendant doing something