remedies - topic 17

Question 1

1. C would make…

Answer 1

an application for damages.
This is financial compensation which attempts to put C back in the position they were in before the injury/ damage occurred.
C will have her actual losses repaid and will also be compensated for future losses.

Question 2

2. There are two types of damages…

Answer 2

General and special.
Special damages are compensation for the losses incurred up to the point of trial.
They are known as pecuniary damages as they can be given an exact financial value.
They include medical expenses, expenses incurred by another, loss of earnings up to the date of trial and the cost of damage to property.
APPLY

Question 3

General damages are designed to…

Answer 3

cover anything that can’t be given an exact finanacial value.
They are also known as non pecuniary damages and must be determined by the judge in each case.
Under this head C can claim for the injury, pain and suffering, loss of future earnings and future medical expenses and loss of amenity.
They are difficult to calculate and the judge will consult guidelines supplied by the Judicial Studies Board.
APPLY

Question 4

4. C is under a duty to…

Answer 4

mitigate his/ her loss - this means C must take reasonable steps to ensure that the losses are kept to a minimum.

Question 5

5. C will either receive…

Answer 5

Her damages as a lump sum or structured settlement.