Remedies Flashcards
What is the aim of damages in Tort?
To put the claimant back in the position they would have been in if the Tort had not been committed
What are Special Damages?
Expenses incurred due to the accident up until the date of the trial. Includes Loss of Earnings
How are damages worked out if property has been damaged or destroyed?
Damaged - Paid Repair Cost
Destroyed - Paid Market Value at the time of destruction
What are Non-Pecuniary Losses?
Losses that cannot be calculated in terms of money - Personal Injury
What are General Damages?
Claims for future losses
What 4 things are General Damages awarded for?
1) Pain and Suffering
2) Loss of Amenity
3) Future Loss
4) Specific Injuries
What is the formula for finding a claimants future loss of earnings?
Multiplicand x Multiplier
What is Loss of Amenity?
C can no longer enjoy life to the same extent as before the incident.
How are damages typically paid?
One Lump sum where possible
Why do the courts not favour a lump sum for General Damages?
C might poorly invest money which is meant to help them
What are the 3 types of damages?
Nominal Damages: When no damage has been suffered
Contemptuous Damages: When courts feel the action should never have been brought because C’s behaviour has been reprehensible
Aggravated Damages: C injury has been aggravated by D conduct
What is meant by Mitigation of Loss?
Victims in tort are supposed to take reasonable steps to mitigate any loss, D is not liable for any losses that C could have mitigated
What are Injunctions?
Mostly used in Nuisance, they prevent D from doing something
