Remedies

Question 1

Physical injury or damage to property

Answer 1

• compensation is awarded to successful claims
• this award is known as damages
• ## this award aims to put the claimant in the same position they were in if the tort has not been committed as far as money can do

Question 2

Types of loss

Answer 2

Pecuniary loss
- easily calculated in money terms
- e.g hiring a car
- medical bills
Non pecuniary loss
- not wholly money based
Loss of amenity or change of lifestyle
- pain and suffering as a result of an accident
- not being able to play a sport any longer

Question 3

Special damages ( pecuniary )

Answer 3

These can be calculated specifically up to the date if the trial or settlement.
Can include damage to property
Also include loss of earning while recovering from the accident

Question 4

General damages non pecuniary

Answer 4

These look forward from the trial or settlement date
An amount for pain or suffering
Loss of amenity( quality of life )
Future loss of earnings
Future medical expenses including adapting cars or houses for specialist care

Question 5

General damages

Answer 5

These will need 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 calculation multiplied by the number years of the loss
- the claimant will be expected to mitigate the loss e,g. Work at a lower rate and deduct it from the award

Question 6

How will it be paid ?

Answer 6

Lump sum
- awards for pain loss and suffering are paid in one lump sum
- these are once only awards
- this can be unfair if the claimants condition gets worse over time
These don’t consider inflation
- may be unfair on the defendant if the claimant improves and no longer needs care

Question 7

Structured settlements- the damages act 1996

Answer 7

• payments made each month or year
• the 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 for 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

Question 8

Mitigation of loss

Answer 8

• the claimant is under a duty to keep their loss at a reasonable levels
• for example, they cannot claim for private health care if there is a suitable treatment available on the nhs
• if property needs to be replaced as it’s damaged beyond repair, it cannot be replaced with a more expensive item.

Question 9

Injunctions

Answer 9

• this is an order from the court to stop doing something
• if the defendants fails to follow this they will be in contempt of court
• this can result in a max two year prison sentence or a fine
• injunctions can also be ordered during the case
• an injunction is a final 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.
• Coventry v Lawrence - fewer injunctions can be expected as the Supreme Court takes a more flexible approach