Remedies

Question 1

What are damages?

Answer 1

This is the main remedy awarded by the courts and is an order by the courts that an amout of money must be paid.
The aim is to return the claimant to the position they were in before the tort.

Question 2

What are the categories of damages?

Answer 2

• Special damages, can be calculated in exact monetary terms.
• General damages, cannot be exactly calculated as they usually involve the future or are linked to injury.
• Pecuniary damages, those which involve a financial loss e.g. loss of earnings.
• Non-pecuniary damges, those which involve a loss which are non financial.

Question 3

What are heads of damage?

Answer 3

These are the exact categories which damages are awarded for. 
Common heads of damages are: 
1. Medical expenses
2. Damage to property 
3. Pain and suffering 
4. Loss of faculty and amenity 
5. Loss of earnings
6. Mitigation of loss

Question 4

What is covered by damage to property?

Answer 4

Damages awarded are the current market value of the property at the time of the incident.
This allows for appreciation and depreciation.
If only needs repair this is all that will be covered.

Question 5

What is covered by pain and suffering?

Answer 5

If someone is injured they can claim for pain and suffering.
Amount will depend on the injures although judges have guidelines for different injuries.

Question 6

What is loss of faculty and amenity?

Answer 6

Loss of faculty is the loss of a limb or the ability to use it. While loss of amenity is the loss of the chance to enjoy activities which are no longer possible due to the loss of faculty.
Amount will depend on the background of the claimant.

Question 7

What is covered by loss of earning?

Answer 7

Split into ‘Loss to date’ and ‘future losses’. Could be general or special depending on the persons job and how long they’ll be off work.

To calculate:

1. Calculate annual earnings.
2. Calculate how long they’ll be off work.
3. Reduces stage 2 to allow for interest and investments.
4. Stage 1 X Stage 3

Question 8

What is covered by mitigation of loss?

Answer 8

Claimant is under a duty to to keep the loss at a reasonable level.
E.G. If they have to hire a car it cannot be the most expensive if the car was a basic model.

Question 9

How can the courts award the money?

Answer 9

Only able to award the money in one lump sum.

If the case is settled outside the courts they may agree to a structured settlement, means that the money is paid in periodical instalments. They purchase an annuity and payments are made, the amount can be re-assessed and changed.

Question 10

What are injunctions?

Answer 10

An order by the courts to stop doing something and if they fail to do what the injunction states then they will be in contempt of court and will be punished by a fine or imprisonment.

Question 11

What did the supreme court state about injunctions?

Answer 11

In the case of Coventry V Lawrence that fewer injunctions are to be ordered.
They wanted a more flexible approach to awarding remedies
Damages are likely to become a more common remedy especially in nuisance cases. Usually awarded when the inconvenience is slight but the impact on the wrongdoer would be severe.