Remedies

Question 1

What is the aim of the award of damages?

Answer 1

To place C in the same position as if the tort had not been committed as far as money can do so

Question 2

What is a pecuniary loss?

Answer 2

A loss which can be readily calculated in money terms

Question 3

What is a non-pecuniary loss?

Answer 3

A loss which is not readily quantifiable or valued in money terms

Question 4

What are special damages?

Answer 4

Pecuniary losses which are awarded to compensate for actual out-of-pocket expenses that C has incurred up to the date of the trial

Question 5

What are examples of pecuniary losses?

Answer 5

Loss of earnings, transport costs and medical expenses

Question 6

What are general damages?

Answer 6

Non-pecuniary losses that are concerned with how C’s future would have been but for the tort

Question 7

What are examples of non-pecuniary losses?

Answer 7

Pain, mental distress and nursing care

Question 8

What is C under a duty to do for her losses?

Answer 8

Take reasonable steps to mitigate her losses

Question 9

What is a prohibitory injunction?

Answer 9

D is ordered to stop doing something

Question 10

What is a mandatory injunction?

Answer 10

D is ordered to take positive steps to do something

Question 11

What does the case MILLER V JACKSON say about injunctions?

Answer 11

Granting an injunction involves balancing C’s interests against the public interest