Remedy of compensatory damages

Question 1

what is a pecuniary loss?

Answer 1

loss that can be easily calculated in money terms e.g. damage to a car

Question 2

what is a non-pecuniary loss?

Answer 2

loss that is not wholly money based such as
- pain and suffering as a result of an accident
- loss of amenity or change in lifestyle

Question 3

what is a special damage?

Answer 3

can be calculates specifically up to the date of the trial or settlement

Question 4

what is a general damage?

Answer 4

non-pecuniary losses onwards from the trial e.g.
- pain or suffering
- loss of amenity
- loss of future earnings
- future medical expenses

must be evidence to claim these

Question 5

what are lump sums?

Answer 5

awarded all at once and pays for losses

Question 6

what are the limitations of lump sums?

Answer 6

• claimant’s condition may become worse and they don’t have enough money
• inflation
• unfair for the defendant if claimant recovers quickly

Question 7

What did the damages act 1996 allow?

Answer 7

structured settlements

Question 8

what are the features of a lump sum settlement?

Answer 8

• can be paid periodically e.g. monthly or yearly
• can be made for life or a specific time period
• can be reassessed

Question 9

what is mitigation of loss?

Answer 9

when the claimant must keep loss to a reasonable level
for example they can’t claim for private healthcare if the NHS offers suitable treatment

Question 10

example of mitigation of loss in property damages

Answer 10

can’t claim for a more expensive replacement of damaged property

Question 11

what is an injunction?

Answer 11

an order of the court to stop doing something

Question 12

what is a contempt of court?

Answer 12

failure to follow an order of the civil court
- can be punished with a fine or imprisonment of up to 2 years

Question 13

what is a perpetual injunction?

Answer 13

permanently restraining from doing something e.g. listening to music after a certain time