Remedies Flashcards
What can compensatory damages be awarded for?
Personal injury
Property camages
What is the aim of compensatory damages?
To place the C in the same position had the tort not been committed
What are the 2 types of losses?
Pecuniary
Non-pecuniary
What is pecuniary loss and example?
Loss that can be easily calculated
Hiring a car, lost wages, medical expenses, damaged property
What is non-pecuniary loss and example?
Loss that isnt quantifiable
Pain and suffering, loss of amenity, change of lifestyle, loss of future earnings
What is the case for pecuniary loss?
Lim Poh Choo
What is the case for non-pecuniary loss?
Doyle v Wallace
What 2 ways will damaged be awarded?
Special
General
What are special damages?
Pre-trial- any amount calculated up to the date of the trial
Pecuniary
What are general damages?
Post trial- anything looking forwards from the date of trail or settlement
Non-pecuniary
What 2 ways can you be paid?
Lump sum
Structured settlements
What is a lump sum?
A one off payment of your entire award of damages
What are structured settlements?
Regular payments of your damages (monthly/ yearly)
What act does the rule for structured settlements come under?
The damages act 1996
What does it mean to mitigate losses?
act reasonably and keep your losses at the lowest possible/ reasonable level
