Remedies

Question 1

Damages

Answer 1

Compensation in money for damage or injury suffered
Purpose - put C back in position they would be in if tort hadnt happened
Livingstone: lord blackburn “you should as nearly as possible get at that sum of money which will put the party … in the same position as he would have been in if he had not sustained the wrong”

Question 2

Special Damages

Answer 2

Cover pecuniary losses (easily given financial amount)
Also losses up to date of trial
Losses evidenced in receipts and invoices
E.g. repairs or replacements for damaged property, medical expenses, loss of earnings for amount of time, expenses like travel

Question 3

General Damages

Answer 3

Non-pecuniary losses
Pain and suffering for injury is most common example
Includes past, present and future physical pai and mental anguish, including fear of condition worsening
Wise v Kaye - C must be aware of the pain
Kemp and Kemp quantum of damages from judicial studies board gives guidance on amounts for injury
Also future losses after date of trial such as loss of future earnings or possible future medical expenses
Loss of future earnings: includes future pension entitlements too
Annual net loss x period of future loss
Includes lost years if life expectancy reduced
Includes lows of amenity:
Loss of enjoyment, senses, libido, reduced marriage prospects
Giambrone v JMS, parents look after sick children on holiday

Question 4

Injunction and abatement

Answer 4

In nuisance

Question 5

Damages paid in two wats

Answer 5

Lump
Structured settlements

Question 6

Lump sum

Answer 6

All money paid in one go
amounts given for pain/suffering and loss of ammenity only given like this

Question 7

Structured settlements

Answer 7

Damages act 1996 allows for this arranged between D and finance company
C gets set payments each day/week/month for number of years

Question 8

Claimant must mitigate their loss

Answer 8

Means keep expenses and costs as low as possible
E.g. repairing property where possible instead of of expensive replacement
Private medical treatment allowed when necessary (NHS long wait)
Marcroft v Scruttens - C’s injury worsened as he refused to go to hospital - judge only awarded compensation for original injury, not worsening