Remedies - Tort

Question 1

General compensatory principle

Answer 1

• Place C in the position he would have been in had the injury not occurred
• Nuisance damages based on reduction in value

Question 2

Causation

Answer 2

But for/material contribution

Question 3

Contributory negligence

Answer 3

To the extent the court consider just and equitable

Question 4

Remoteness

Answer 4

Reasonable foreseeability (though not in type of extent)

Question 5

Pure economic loss

Answer 5

Not recoverable unless consequential upon physical damage

Question 6

Mitigation

Answer 6

Duty to mitigate (but burden on D to show that C has not)

Question 7

PI damages

Answer 7

• PSLA
• Damages for past losses
• Damages for future losses
• Interest

Question 8

Equitable remedies

Answer 8

• Injunctions (just and convenient; damages not adequate)
• Specific performance (C willing to perform obligations; legal remedies inadequate; refused if severe hardship)
• Rectification

Question 9

How to quantify damages

Answer 9

• Identify nature of injury
• JC Guidelines for range
• Compare award with case comparators
• Adjust case law figure for RPI inflation
• Apply Heil v Rankin uplift pre-March 2000
• Apply Jackson/Simmons v Castle 10% uplift for pre-April 2013
• Past loss of earnings
• Future loss (Ogden tables, multiplier, adjust for future earnings)