Remedies Flashcards
2 types of remedies
damages
injunction
aim of damages
put C back into position he would have been in had the tort not occurred
2 types of damages + how can they be paid
compensatory and non-compensatory - as lump sun or structured settlement
what are non-pecuniary damages given for with examples
intangible heads - not capable of precise quantification e.g. pain, suffering, loss of amenity
what are pecuniary damages given for with examples
the loss of a calculable s of money, usually divided into past (pre-trial) and future (post-trial) pecuniary damages e.g. loss of future earnings, loss of earnings pre-trial
what are general damages awarded for with examples
‘damages at large’ to be estimated by the court e.g. pain, suffering, loss of amenity, loss of future earnings
what are special damages awarded for with examples
expenditure actually incurred by C as a result of D’s negligence e.g. loss of earnings pre-trial
what act allows private healthcare to be claimed for
the Law Reform (Personal Injury) Act 1948
can the amount be calculated precisely for special damages
yes
in regards to property, what costs can be awarded through special damages
repair costs or the diminution in value. where property destroyed, C can recover market price at time of destruction
can amount be calculated precisely for general damages
no
how are damages for pain, suffering and PI calculated under general damages
‘tariff’ system to work out ‘price’ of each injury
what case provides guidance on awarding general damages for pain, suffering and PI
Kemp v Kemp
what are damages awarded for for loss of amenity with examples
reduction of C’s enjoyment of life, due to physical/ mental impairment which C’s injury causes them e.g. sport, worry about impending death
how are damages for loss of future earnings calculated under general damages
using special calculation multiplier - number of earning years left x multiplicand (net annual loss)
example of future care damages awarded under general damages
future nursing care, house adaptations or loss of wages of a relative who gives up their job to care for C
under what case does C have a duty to take reasonable steps to mitigate their loss and what must losses be
Totham v Kings College Hosp
Losses must be reasonable in the circumstances
under what act can the parties agree a structured settlement to give periodical payments to C
Damages Act 1976
3 types of non-compensatory damages
1) nominal
2) contemptuous
3) aggravated
nominal damages
C suffered no real loss so damages are awarded in name only
contemptuous damages
case won but judge feels it should never have been brought and has no real merit
aggravated damages with example
C suffered more than expected e.g. carried out maliciously
when can an injunction be imposed (2)
nuisance or RvF
after damages what is the most common remedy
injunction
