Remedies Flashcards
1
Q
What are the two principal remedies in tort?
A
Damages
Injunction
2
Q
What is the aim of damages?
A
Put C in position would have been but for D’s tortious act
3
Q
What are the types of compensatory damages?
A
- Special damages: provable and quantifiable financial losses at time of trial
- General damages: future financial losses
4
Q
What award is given for general damages and how is this expressed?
A
Pain, suffering and loss of amenity award
Single lump sum
5
Q
How are future losses calculated where there will be continuing losses?
A
Multiplier approach (avoiding over compensation)
6
Q
What deductions may be made from damages?
A
- State benefits – D pays amount deducted back to state
- Contractual sick pay
- Redundancy pay
- Contributory negligence if applicable
7
Q
Who can bring a claim when a claimant has died and on what basis?
A
Estate for losses up to date of death
8
Q
Where a claimant has died, what other claims can be made other than for the claimant’s original losses?
A
- dependants (close blood/marriage/cohabitees ovr 2 years) for losses as a result of death
- spouse/cohabitee can claim bereavement damages
- funeral expenses if paid for by dependants
