Tort - Remedies Flashcards
Wells v Wells
The claimant is expected to invest the sum primarily in index linked government stocks rather than equity
Livingstone v Rawyards Coal Co
Quote for statement of principle of tort claims
The measure of damages is the sum of money which will put the injured party in the same position as he would have been in if he had not sustained the wrong (Lord Blackburn)
Coma cases
West v Shepherd - can claim
Wise v Kaye - but not for pain/suffering
Heil v Rankin
PSLA awards increased but on a sliding scale
Hicks
Where death is essentially immediate there will be no claim by the estate entitled.
Kandalla v BEA
If it can be probed that a child was supporting or would have supported in the future, then parents may claim as dependants in death claims.
American Cyanamid v Ethicon
Normal approach to injunctions set.
1) establish if serious issue to be tried
2) are damages an adequate remedy? Yes - no injunction
3) consider effect of injunction on defendant - will damages be adequate remedy for freedom restrictions
4) if balanced - is injunction designed to restore status quo or maintain it?
5) consider strength of parties’ cases.