Remedies

Question 1

Compensatory damages

Answer 1

Money awarded as compensation for injury/damage to property that v has suffered, the aim being to put the claimant back into the original position that they were before the tort.

Question 2

Pecuniary loss (special damages)

Answer 2

Loss that is easily calculated in money terms including loss of earnings and damage to goods.
Awarded compensation for the out of pocket expenses that they have missed out on due to D behaviour, paid up until the day of trial and can use receipts etc to calculate it.

Question 3

Non- pecuniary loss (general damages)

Answer 3

Loss that is not money based, pain and suffering, loss of amenity that change your future lifestyle.
Awarded from the trial onwards , precisely calculated and require evidence to determine the amount eg medical reports and loss of a further pay rise. Pain and suffering and amenity is a lump sum.

Question 4

Lump sum

Answer 4

Payment all at once, can be bad on the claimant if there injuries worsen or inflation decreases the value, can be unfair to the defendant as it is a lot of money.

Question 5

Structured settlements

Answer 5

Compensation is paid monthly/yearly but both parties must agree and courts have no power in ordering these. Payment set up by defendant or insurer who d will pay annually and they will pay v. These settlements occour under the damages act which allow parties to agree on a time scale and it protects the claim and is fair on d.

Question 6

Mitigation of loss

Answer 6

An obligation of the claimant not to make matters worse, under a reasonable duty to ensure that they don’t make the loss worse eg trying to claim for private treatment when you have been treated on the NHS, claiming £1000 for a £10 ring. It would only ever occur in circumstances where v needed plastic surgery and had no choice but to go private.