Tort Remedies

Question 1

What are the two main remedies available for tort claims ?

Answer 1

1. Compensatory damages

2. Injunctions

Question 2

When is compensatory damages awarded ?

Answer 2

When a claimant suffered personal injury or damage to his property or both

Question 3

What is the courts aim when awarding damages ?

Answer 3

Courts aim is to return the claimant to the same position they would have been in the tort hadn’t been committed

Question 4

What are the two headings damages falls under ?

Answer 4

Special and General

Question 5

What are special damages ?

Answer 5

This is the term for damages which can be calculated exactly in monetary terms. They are likely to involve a pecuniary loss (Involving loss of money)

Question 6

What are general damages ?

Answer 6

This is the term for damages which cannot be calculated exactly in terms of money. They usually involve the future of the claimant or are linked to an injury therefore likely involve a non-pecuniary loss (loss that is not financial, usually pain and suffering

Question 7

What are common heads of damage ?

Answer 7

Common heads of damage are ; medical expenses, pain and suffering, loss of amenity (enjoyment) , loss of earnings and property damage

Question 8

What are the awards for the following : Damage to property

Answer 8

Destroyed : when property is destroyed, damages awarded are the market value of the property at time of incident

Repair : where property requires repair, damages are awarded to cover the cost of repair

Question 9

What are the awards for the following : Pain and suffering

Answer 9

If someone is injured in any way as a result of tort they can claim for pain and suffering.

Amount awarded is based on guidelines issued to judges but past cases can also be used as benchmark

Amount paid will depend on severity of the injury

Question 10

What are the definitions of loss of faculty and loss of amenity and what are the awards for them ?

Answer 10

Loss of Faculty: means the loss of limbs/body parts or the loss of the ability to use it

Loss of Amenity: Loss of the chance to enjoy activities that are no longer possible due to loss of faculty

Courts use guidelines for this but also depends on interest and backgrounds of claimant

Question 11

What are the awards for the following: Loss of earnings

Answer 11

Loss of earnings can be split into ‘loss to date’ and ‘future loss’

Loss of earnings could be general or special damages depending on the persons job (salary, self-employed or paid on commission) and how long they’ll be off work for

Question 12

What is mitigation of loss ?

Answer 12

The claimant is entitled to compensation for his loss however is under a duty to keep it a reasonable level

Question 13

What are lump sum payments ?

Answer 13

Where the court award a one off big payment

Question 14

What are structured settlements

Answer 14

The damages act 1996 allows this but only if both parties settle their claim and agree to this
And it is when compensation is paid as periodic payments

Question 15

Who are the payments for structure settlements set by ?

Answer 15

It is set by the D or his insurer who will purchase an annuity through a financial company

KEY INFO: Amount can be re-assessed at intervals, so it is fairer on both claimant and D

Question 16

What are injunctions ?

Answer 16

An injunction is an order of the court to stop doing something and if the person on whom the injunction is placed fails to follow the terms of it, he will either be fined or imprisoned for max of 2years.

Question 17

What is perpetual injunction ?

Answer 17

An injunction that is ordered as a final order

e.g. banning an activity outright or within certain hours

Question 18

What is mandatory injunction ? (less common)

Answer 18

An injunction which will order a party to carry out a certain action
e.g. installing sound proofing

Question 19

Coventry v Lawrence

Answer 19

Fewer injunctions can be expected to be granted especially in nuisance cases