remedies Flashcards
what are the two main remedies in tort law
Damages
Injunction
what are damages
compensation in money for damages or injury suffered
what is an injunction
court order to stop certain activity
what are the 2 types of compensatory damages
purpose of damages
general damages
what types of loss are these for
monetary losses e.g repair costs
Purpose of Damages meaning
Puts the c back into the position they would have been if the negligent act hadn’t occurred
what case told us that
Livingstone v Raywards Coal Company 1880
what case tells us judges will arrive to a fair estimate taking into account all the relevant considerations
British Transport Commission v Gourley 1956
what are the 2 types of damages
special damages
general damages
what are the two types of losses
pecuniary losses
non- pecuniary losses
which one covers pecuniary losses
special damages
what is a pecuniary loss
g things which can easily be attached to a financial amount
e.g cost of repairing and replacing damaged property
what is a non-pecuniary loss
meaning things which cannot easily be attached to a financial amount
how can pecuniary losses be calculated
This includes all losses up to the trial date.
These losses can be evidenced with receipts and invoices.
what are the 3 types of non-pecuniary losses
pain and suffering
loss of Future Wages
Loss of Amenity (loss of quality of life/ lifestyle change had to made due to injury)
Pain and Suffering includes…
Includes past, present and future physical pain and mental anguish. Also includes fear of future treatment or condition worsening
c must be aware of the pain
what case is used for c being aware of the pain (think ur brother)
Wise and Kaye 1963
what is included in Loss of Future Wages
If the injury has shortened your life expectancy, these ‘lost years’ will be included with the amount paid
what case tells us this
Pickett v British Rail Engineering 1980
Loss of Amenity case
Giambrone v JMC 2002
what 2 ways can damages
lump sums
structured settlements
what is a lump sum
when all money is paid to the c in one go
what is a structured settlement
when money is paid to c at set amounts each month/year
what 2 types of non- pecuniary losses can only be paid in lump sum
Pain and Suffering and Loss of Amenity
whats the act for structured settlements
u got this gng
Damages Act 1996
what does this mean
allows for structured settlements
Has to be arranged between D (or D’s insurance) and C
D will purchase an annuity (regular payments) through a financial company
They then pay out a set amount to C each month/ year for a certain period of time
what is mitigation of loss
C must try to ‘mitigate their loss’ meaning they must try keep their costs low as possible
e.g if your windscreen is damaged in an accident, what would be reasonable and unreasonable to claim for?
what about private medical treatment
Only reasonable if necessary e.g if NHS treatment would take too long or treatment unavailable. If treatment requires varies trips to hospital it is reasonable to claim things like parking costs or petrol money
whats a case example of this
Marcroft v Scuttens
what are the 2 types of injunctions
Perpetual Injunction
Mandatory Injunction
Perpetual Injunction
final order from the court to stop the activity. Most common.
Mandatory Injunction
order from the court for D to take action- e.g to prevent a nuisance by fitting an extractor fan
Damages can be paid as well as an injunction.
what case tells us damages may be more suitable
Coventry v Lawrence 2014
