Remedies

Question 1

Define damages

Answer 1

Damages is a sum of money paid by the defendant to the claimant once liability has been established.

Question 2

Purpose of damages

Answer 2

The aim isn’t to punish D but to place C back in the position they were in prior to the tort.

Sometimes seen as a false remedy, as the harm can’t always be rectified by money.

Question 3

Special damages (personal injury)

Answer 3

Account for any financial loss up to the date of the trial e.g.
- wages
- medical costs

Question 4

General damages (personal injury) - pecuniary

Answer 4

Include purely financial losses such as the loss of future earnings, the cost of future medical costs and special care.

Question 5

General damages (personal injury) - non pecuniary

Answer 5

Losses that have no monetary value e.g. pain and suffering.

Question 6

General damages (personal injury) - calculation

Answer 6

A calculation is done using a multiplicand and is an annual figure for loss which is multiplied by the “multiplier” which represents the number of years of future loss to be claimed.