Remedies Flashcards
what are compensatory damages?
the court can award a successful claimant compensation for the injuries or damages suffered
this is known as damages
the aim of damages is to place the claimant in the same position as if the tort had not been committed as far as money can do so
compensatory damages
pecuniary and non pecuniary loss
pecuniary loss can be calculated in money terms — e.g. the cost of hiring a car while the claimants own care is being repaired
non pecuniary loss is not wholly money based, it can include…
• pain and suffering as a result of an accident
• loss of amenity
• change in lifestyle such as not being able to play sport
compensatory damages
special and general damages
special damages are amounts that can be calculated specifically up to the date of trial or settlement
general damages look forwards from the trial or settlement date, they can include... • an amount for pain or suffering • loss of amenity • future loss of earnings • future medical expenses
general damages are speculative and evidence will be needed to support the claim such as expert medical evidence
compensatory damages
lump sums and structured settlements
courts can only award a lump sum, it’s a “once only” award
the Damages Act 1996 allows the parties to agree structured settlements such as periodical payments
may be for life or a specific period
courts have no power to order structured settlements
mitigation of loss
the claimant is under a duty to keep their loss to a reasonable level, they cannot make unreasonable claims
for example, a claimant cannot claim for private treatment for an injury if there is suitable treatment available under the NHS
same principle apply to property damage — cost is replacing property that has been damaged beyond repair can be claimed but replacing an item with a more expensive replacement is not acceptable