Remedies Flashcards
Physical injury or damage to property
-compensation is awarded for successful claims = damages
This award aims to put claimants in the position they were in if the tort had not been committed as far as money can do
Ex,apples of when damages cannot be rewarded
Criminal brhaviour
When remedies cannot be. Achieved .
Types of loss
-pecuniary loss - define amount receipt
-easily calculated in money terms
-e.g hiring a car
-medical bills
-non pecuniary loss
-not wholly money based
- pain and suffering as a result of an accident.
-loss of amenity or change or lifestyle
-not being able to pay a sport any longer
Special damages (pecuniary)
Already happened
-calculatedmspevifically up to date of the trail of settlement
-can include any damage to poverty
-also include loss,of earnings while recovering from the accident
General damage non pecuniary = going forward
These look forward from the trial or settlement date. -cannot be random stuff
-an amount for pain or suffering -medical evidence
-loss oof amenity - courts will try find a way to reduce costs for example ask to get a job to decrease loss.
-future loss of earning
-future medical expenses including adapting cars or houses for specialist care
Gerneral dmages
These will need some evidence to support as they can be speculative
-this may include medical evidence of the effect of the accident on the victim
Future loss of earnings will be an annual calculations multiplies by the number of years of the loss
- the claim Ian’s will be expected to mitigate the loss - e.g work at a lower rate and deduct it from the awards.
How will it be paid
Lump sum
Structured settlements - the damages act 1996
Migigation of loss
Injunctions
Lump sum
-awards for pain loss and suffering are paid in one lump sum
-these are once only awards
- don’t keep getting rewarded
- this can be unfair if the claimant condition gets worse over time - settlement cannot be made whilst you are ill.
-don’t consider inflation
-may be unfair on d aid the claimant improves and no longer needs care.
Structured steelements -the damages act 1996
-Payments made each month or year
-insurer of the claimant will buy an annuity that will pay out a set amount at regular intervals-
-payments can be made for life or a set time
-the amount can be assessed at regular intervals
-this can protect the claimant but also be fairer to the defendant
- the courts have no power to order a structured payment.
Migration of loss
-The claimant is under a duty to keep their loss at a reasonable level
-for example,e they cannot claim for private health care is there is suitable treatment available in the NHS
-if propert needs to be replaced as it caged beyond repair, it cannot be replaced with a more expensive item , like for like.
Injunctions
This is an order from the court to stop doing something
-if the d fails to follow this they will be in Contempt of court-another punishment -crime turns criminal
-this can result in a max 2year prison sentence or a fine
-injunction as a financial order is known as a perpetual order -e.g banning an activity to ensure a nuisance is not continued
—a mandatory injunction is an order to carry out an activity
E.g - install sound proofing or an extractor fan in nuisance cases.
-Coverntory v Lawrence - fewer injunctions can be expected as the Supreme Court takes a more flexible aproach - working with people to come to compromise..
