Remedies In Tort Law

Question 1

What is the definition for ‘damages’

Answer 1

• the aim of damages is to put the injured party in the same position as he/she would have been if the tort had not occurred
• damages are the main remedy for tort

Question 2

What is the definition for ‘injuctions’

Answer 2

• court order, instructing a party to do or refrain from doing something
• in tort, injunctions are mostly used in cases of nuisance
  Coventry v Lawrence

Question 3

What is the definition of ‘mitigation of loss’

Answer 3

• claimant must take reasonable steps to reduce the level of loss

Question 4

What are the aims of damages

Answer 4

• to COMPENSATE - put the claimant in the same position as they would have been before the breach

Question 5

What are special damages

Answer 5

• losses that can be calculated exactly
• specific sums of money lost from the breach to the date of the court case - usually pecuniary (money losses)

Question 6

What are general damages

Answer 6

• pain,suffering, loss of amenity and loss of future earnings
• can be pecuniary or non pecuniary

Question 7

Outline ‘methods of payments’ for damages

Answer 7

• lump sum - once and for all payment
  Structured settlement - an amount will be paid at the time of settle, with the balance paid as a regular income for the rest of claimants life - under damages act 1996