Remedies

Question 1

Livingston v Raywards Coal Co

Answer 1

Purpose of compensatory damages (CD): put C in the same position he would have been had the tort not been committed

Question 2

Baker v Willoughby

Answer 2

CD: D ran with a car to C and damaged his leg (tort1), then someone shot C in the same leg and it had to be amputated (tort2), D liable as for both injuries, D liable for the loss of amenity and lower earning capacity even after the amputation

Question 3

Jobling v Associated dairies

Answer 3

CD: C slipped on floor at work and harmed his back, then developed independent back injury; Distinguished Baker v Willoughby (almost overruled it). Vicissitudes of life, D pay damages before illness of back developed

Question 4

Vicissitude of life

Answer 4

Change of circumstances or fortune

Question 5

Pickett v British Ral Engineering

Answer 5

CD: loss of earnings consequent upon anticipated premature death; dependants were able to recover - ‘lost years” to be taken into account, provided not too remote

Question 6

Parry v Cleaver

Answer 6

CD: Wrongdoer has to pay full damages even if the claimant obtained a pension, D should not benefit from C providing for his own misfortune

Question 7

West v Shephard

Answer 7

CD: Non-Financial Loss
- Pain and suffering – subjectively assessed
C unconscious, unaware of pain. “Damages awarded not to punish the wrongdoer but to compensate the person injured”
- Loss of amenity – objectively assessed C need not be unhappy.

Question 8

Rookes v Barnard

Answer 8

Exemplary damages (ED): D pressured employer into dismissing C (union, strike). ED where:
1. Oppressive, arbitrary or unconstitutional action by the
servants of the government
2. D’s conduct calculated to make a profit > compensation
payable (cynical calculation + disregard for the law)
3. Authorised by statute

Question 9

Cassel v Broome

Answer 9

ED: D published a book he knew was libellous; D having calculated that they would receive more from extra sales than they might have to pay in damages, it was open to the court to award ED; amount of ED up to court’s discretion

Question 10

Kuddus v Chief Constable of Leicester

Answer 10

ED for police officer, applicable for public authorities as well

Question 11

Lumba

Answer 11

Nominal damages; (falsely imprisoned, would have been detained anyway). You can’t be compensated for a loss you haven’t suffered.

Question 12

Grobbelaar v NGN

Answer 12

Defamation, football player taking bribes. Contemptuous damages (= minimal)

Question 13

Hicks

Answer 13

Two girls died in accident, family sued for the fear they have suffered before the death; Estate of the dead can recover for both £ and non-£ losses (pain, suffering)

Question 14

Franklin v SER

Answer 14

Dependants can only sue for £ losses, not injury to feelings.

Question 15

Jaggard v Sawyer

Answer 15

C wanted damages instead of injunction, D has trespassed his land by a new building making use of a private right of way; injunction would be oppressive
1. C must establish a claim in equity + overcome equitable
defences
2. Prima facie entitled to injunction, but it’s discretionary
+ Eg of damages in lieu of injunction (trivial interference)

Question 16

Spycatcher

Answer 16

“Equity will not act in vain”

Attorney General sought injunction for book already published worldwide.

Question 17

Measure Bros Ltd v Measure

Answer 17

“He who comes into equity must come with clean hands” K clause that C wouldn’t work for 7y. Company failed, still sought to enforce it.

Question 18

Miller v Jackson

Answer 18

No injunction to prevent desirable activities, in public interest. “In summertime village cricket is the delight of everyone”
+ Damages in lieu

Question 19

American Cyanamid Co v Ethicon

Answer 19

Patent case; Interim injunction. “The court must (…) determine where the ‘balance of convenience’ lies”; if damages appropriate, then damages

Question 20

Shelfer v City of London Electric Co

Answer 20

Structural damage to house + nuisance; injunction granted
Damages in lieu granted if:
- Injury to C’s right is small, can be estimated in £
- Pecuniary compensation is adequate
- Injunction would be oppressive to D
+ Concern that right to break law not available for purchase

Question 21

Coventry v Lawrence

Answer 21

Injunction: “matter of discretion which should not be fettered” = Primary remedy for nuisance. D must show why shouldn’t be granted. Shelfer test not to be applied mechanically, discretion.

Question 22

Coventry v L 2

Answer 22

Bungalow had burned down.

• D can come back to court to demand injunction be lifted
• Injunction should be lifted if it is no longer necessary