Remedies

Question 1

Introduce Remedies.

Answer 1

• Court can award successful C compensation for injuries/damages to property- known as damages.
• Aim of the award of damages is to put C back in the position they should’ve been in.

Question 2

Explain the types of Loss, in relation to Damage.

Answer 2

Pecuniary Loss:
* Loss that can easily be calculated in money terms
* Example:cost of hiring a car whilst waiting for C’s own car being replaced.
Non-Pecuniary Loss:
* Loss that isn’t wholly money based
* Includes: pain + suffering as a result of an accident, loss of amenity/ change in lifestyle (e.g. not being able to play a sport.)

Question 3

Explain the types of Damages, in relation to Damages.

Answer 3

Special Damages:
* Amounts which can be calculated up to the date of the trial/settlement.
* The pecuniary loss- can put a figure on it.
* Can include a claim for any loss of earnings while recovering from an accident.
General Damages:
* Non-pecuniary losses + are looking forward from the trail/settlement.
* Includes: amount for pain/suffering, loss of amenity, future loss of earnings, future medical expenses.
* Amount will be speculative, but evidence must be provided to support these claims (i.e. medical evidence, future loss of earnings, time it’s likely going to take to heal).

Question 4

Explain the types of Payment, in relation to Damages.

Answer 4

Lump Sums:
* When courts make an award for pain, suffering, + loss of amenity, can only award a lump sum.
* Once-only award.
* Could be unfair to C because their condition may worsen- may need more money.
* Could be unfair to D because C’s condition may improve- D pays more than they needed to.
Structured Settlement:
* Damages Act 1996: allows for structured settlements to be set.
* Could be fair to C because they can get more if they need to, if condition worsens, payments increase.
* Could be fair to D as they don’t want to overpay, + when it’s reassessed, payments could be reduced.

Question 5

Explain Mitigation of Loss, in relation to Damages.

Answer 5

• C’s entitled to be compensated for his loss, but he’s under a duty to keep loss to a reasonable level.
  Ways You Might Be Expected To Mitigate Your Loss If:
• You have been inured + need treatment- injured by negligence- immediately go to NHS
• Your property’s been damaged- replace property only for a like-to-like basis, dont buy something more expensive.

Question 6

Explain Injunctions + the types available.

Answer 6

• Order made by the courts to stop doing something, + if D fails to follow terms of injunction, they’ll be in contempt of court- can be punished with a fine, or imprisonment (max 2 years).
• Injunction can also be ordered during the case (e.g. to disclose documents)
• Perpetual Injunction (Final Order)- most common type of injunction, ordered in cases such as those involving a nuisance to ensure the person doesn’t continue to cause a nuisance, includes banning an activity outright, banning an activity within certain hours.
• Mandatory Injunction- less common form, orders a party to carry out a certain action (e.g. to install sound proofing in a nuisance action).
  Injunctions often are the main reason a nuisance case is brought to court, aim of taking the action is to stop the nuisance continuing.
• Coventry v Lawrence: fewer injunctions will be granted, + damages will become a more common alternative remedy.