Tort remedies and defences

Question 1

What are the two types of loss ?

Answer 1

Pecuniary loss
Non-pecuniary loss

Question 2

What is Pecuniary loss ?

Answer 2

Loss that is easy for the courts to calculate

Question 3

What is Non-pecuniary loss ?

Answer 3

Loss that is not entirely monetary therefore difficult for the courts to calculate

Question 4

What are the 2 types of compensation ?

Answer 4

Special damages
General damages

Question 5

What are special damages ?

Answer 5

The same as pecuniary loss (easy to calculate)

Question 6

What are the methods of awarding ?

Answer 6

Lump sums
Structured settlements

Question 7

What is a lump sum ?

Answer 7

Once only awarded sums

Question 8

What is a structured settlement ?

Answer 8

Damages act 1996 allows for structured settlements so parties can agree that the money be paid in instalments

Question 9

What is mitigation of loss ?

Answer 9

C is entitled to compensation but they are under a duty to keep this reasonable

Question 10

What is an injunction ?

Answer 10

In simple terms an order from the court to stop doing something