Remedies A01

Question 1

Two types of compensatory damages

Answer 1

General Damages - non-pecuniary losses
Special Damages - pecuniary losses

Question 2

Define general damages

Answer 2

Difficult to give an exact price

Question 3

Three types of general damages (with cases)

Answer 3

pain and suffering - Hicks v South Yorkshire

loss of future earnings - West & Son v Shephard

loss of amenity

Question 4

Define special damages

Answer 4

can be calculated exactly

Question 5

Examples of special damages

Answer 5

damage to property
loss of earnings
medical expenses

Question 6

Define mitigation of loss

Answer 6

the claimant is under a duty to ‘mitigate’ the loss they have suffered, they should take steps to avoid any further injury or loss

Question 7

List the types of injunctions

Answer 7

Mandatory
Prohibitory
Interim
Full
Partial

Question 8

Define Mandatory Injunction

Answer 8

forces the defendant to do something

Question 9

Define Prohibitory Injunction

Answer 9

prevents the defendant from committing a tort

Question 10

Define Interim Injunction

Answer 10

granted before the trial in the time leading up to it

Question 11

Define Full Injunction

Answer 11

prevents the defendant from committing the tort again

Question 12

Define partial injunction

Answer 12

will allow the defendant to commit the tort in certain circumstances e.g: time of day