Remedies Flashcards
1
Q
Examples of pecuniary loss
A
- damaged property
- cost of medical treatment
2
Q
Pecuniary loss
A
can easily be calculated in money terms
3
Q
Non-pecuniary loss
A
loss not strictly quantifiable
4
Q
Example of pecuniary loss
A
Pain and suffering
5
Q
Special damages are awarded for what?
A
Pecuniary loss
6
Q
General damages are rewarded for what?
A
Non-pecuniary loss
7
Q
How are damages awarded?
A
In a lump sum
8
Q
Why can damages for medical treatment be unfair?
A
- condition can worsen/improve
- inflation
9
Q
What does the Damages Act 1996 allow?
A
For structured settlements to be made
10
Q
Advantage of a structured settlement
A
Damages owed reassessed at intervals to ensure that the damages owed are necessary or need to be increased
11
Q
Who can arrange a structured settlement?
A
the parties
12
Q
What is mitigation of loss?
A
C has to take reasonable action to minimise the amount of loss suffered
