Remedies

Question 1

Remedies

Answer 1

Claim is successful - damages rewarded
Aim is to place the c in the same position as if the tort had not been committed - livingston v raywards coal
When claimant has suffered from serious personal into it is difficult to put a price on it - British transport v gourley

Question 2

Special damages
Pecuniary

Answer 2

Loss that can easily get calculated in terms of money

Question 3

General damages
Non pecuniary

Answer 3

Loss refers to claims that aren’t money based
E.g.
Loss of future earnings
Pain and suffering

Question 4

Damages

Answer 4

For specific injuries there is a standard tariff for most types of injuries - kemp and kemp quantum of damages

Question 5

Factors for the assembler of general damages in personal injury cases

Answer 5

Severity of injury
Presence and degree of pain
How it has affected day to day living
Degree of dependence on others
How long symptoms will last
Other side effects
Ability to continue working
Age and life expectancy