Remedies (Negligence)

Question 1

What are remedies?

Answer 1

• Court can award damages i. monetary compensation for personal injury or damage to property
• Aims to put C in the position they would have been if they tort had not taken place

Question 2

What are the two types of remedies?

Answer 2

• Special damages
• General damages

Question 3

What are special damages?

Answer 3

• Cover pre-trail expenses from the date of the accident to the date of the judgement (e.g travel or medical expenses)
• Calculated in financial terms, so called ‘pecuniary losses’

Question 4

Loss of property (SD)

Answer 4

• If destroyed: SD will be the market value
• If damaged: will be cost of repair (unless repair costs exceed market value)

Question 5

What are general damages?

Answer 5

• Cover post-trail expenses
• For the judge to decide how much to award, following argument by counsel
• Include pecuniary losses and non-pecuniary losses (losses which are not financial, although court can only compensate for them in a financial way)

Question 6

Future losses (GD)

Answer 6

• Future medical care and personal assistance, e.g adapting a house, future loss of earnings
• Pecuniary losses

Question 7

Pain and suffering (GD)

Answer 7

• C must be able to appreciate their condition, so no award for pain if C is unconscious/cannot feel pain
• Non-pecuniary loss

Question 8

Loss of amenity (GD)

Answer 8

• Loss of things C can’t enjoy (e.g sport)
• Damages may be increased where C had a particular skill or hobby
• Non-pecuniary loss

Question 9

Specific injuries (GD)

Answer 9

• C can claim set amount for injury itself (e.g loss of a leg)
• Calculated with reference to guidelines
• Non-pecuniary loss

Question 10

Large sums and structured settlements (GD)

Answer 10

• Damages usually awarded in a lump sum, a ‘one only’ award
• However s.2 Damages Act 1996 allows parties to agree structured settlements, periodical payments for life/specific period

Question 11

What is mitigation of loss?

Answer 11

• C under a duty to keep loss under a reasonable level
• e.g C cannot claim for private treatment if there is suitable treatment under NHS
• e.g property cannot be replaced with something much more expensive