Tort Defences and Remedies

Question 1

general tort defences

Answer 1

• Contributory negligence
• Consent (volenti non fit injuria)

Question 2

specific defences

Answer 2

occupiers liability: warning notice, independent contractors
nuisance: prescription, statutory authority
rule in Rylands v Fletcher: act of a stranger, act of God, statutory authority

Question 3

rights and remedies question structure

Answer 3

• Define the tort
• Addresseachrequirement(ILAC)
• Address any possible defences (ILAC)
• Address any possible remedies (ILAC)

Question 4

remedies in tort

Answer 4

• Damages or compensation
• Injunctions

Question 5

compensation

Answer 5

money to fix damage/ replace property, to assist with living expenses after injury, in conjunction with an apology to appease the claimant.

Question 6

two types of compensation

Answer 6

pecuniary (monetary loss thats easy to calculate eg. cost of hiring a car whilst the claimants is being repaired, or cost of repairing property)

non-pecuniary (loss not money based eg. Pain and suffering as a result of the incident. Loss of amenity in lifestyle (e.g. not being able to play sport or travel long distances) )

Question 7

types of damages

Answer 7

special damages: pecuniary loss that might include the cost of transport whilst C’s car is being repaired, or loss of earnings whilst recovering from the injury

general damages: non-pecuniary loss eg.
• A sum for pain and suffering
• Loss of amenity
• Future loss of earnings
• Future medical expenses (e.g. adapting a house or car or paying for specialist care)

Question 8

ways of awarding damages

Answer 8

• Lump sums: once-only awards
• Structured settlements: money paid in instalments.

Question 9

mitigation of loss

Answer 9

courts consider the effect the claimant had on their own harm/injury.
C is entitled to compensation but theyre under duty to keep this reasonable by mitigating the loss eg. C cant claim for private healthcare when suitable NHS care is available, but if only private healthcare is available then C can claim for this.
For repair of property a sensible claim should be made, e.g. if it is more expensive to repair than replace, C should claim for a replacement

Question 10

injunctions

Answer 10

order from the court to stop doing something, If they don’t comply they might be punished with a fine or imprisonment.

Question 11

types of injunctions

Answer 11

During the case: eg. to order one party to disclose documents
Final: At end of the trial eg. in a nuisance case, an order to stop the nuisance
Mandatory: Orders the party to carry out a specific action.