Remedies: Tort Flashcards
What is the aim of remedies?
Compensatory damages - put C back in same position they had the tort not been committed
What is a pecuniary loss?
Loss than can be easliy calculated
Hiring a car
Loss of wages
Medical expenses
Damaged property
What is a non pecuniary loss?
Loss that is not wholly money based and not quantifiable
Pain and suffering
Loss of amenity
Change of lifestyle
Loss of future earnings
What happened in Lim Poh Choo v Camden?
C claimed money for loss of earnings when D’s negligence caused damage after having a heart attack
Succeeded
What is special damages?
Any amount calculated up to date of trial/settlement
Pecuniary loss
Hire car
Replace damaged clothes
What are general damages?
Anything looking forward form date of trial/settlemt
Non-pecuniary
Pain and suffering
Loss of amenity
Future loss earnings
What happened in Doyle and Wallace?
Claimed for loss of future earnings because had she not been injured, would have qualified for teacher
CoA upheld judges decision to base damages on that basis that she had a 50% chance of qualifying
What is an injunction?
Can be awarded by courts
Can be positice
Prohibitory
If don’t comply, D in contempt of court and can receive fine/imprisonment
What happened in Coventry v Lawrence?
Injunctions should’t automatically granted for nuisance, damages may be considered more widely than in past as an appropriate remedy
What is an abatement?
Enter D’s premises to prevent further nuisance
What happened in Lemmon v Webb?
C could chop down overhanging branches but had to return it to neighbour’s land
What is a lump sum?
Pain
Suffering
Loss of amenity
Only awarded in lump sum
Non-pecuniary
What is a structured settlement?
Pay over monthly period
What is mitigating losses?
Awarded payment if reasonable, don’t buy lamborgini, don’t use private healthcare
What happened in Marcroft v Scruttons?
Unable to claim for losses after refusal of treatment as he didn’t mitigate losses
