Week 9 - Remedies Damages

Question 1

What is the aim of remedies in torts law?

Answer 1

To place the injured party, as far as money can, in the position they were before the tort was committed

Question 2

What may damages for personal injury suffered incorporate?

Answer 2

Any direct losses such as loss of earnings, medical expenses, and travel expenses

Question 3

What will courts do if a tort involves no real loss to the claimant (e.g trespassing on private land)

Answer 3

The court may award nominal damages (small figure)

Question 4

When may further losses be compensatable?

Answer 4

If there is pain, suffering or loss of amenity

Question 5

Where an injured party has died and they had been supporting their family, what can the dependants do?

Answer 5

Claim for lost earnings, and the claim will incorporate funeral costs

Question 6

What does the Fatal Accidents Act 1976 state?

Answer 6

Spouses, and parents of a deceased minor, may make a statutory claim of £11,800

Question 7

How area damages to a property awarded?

Answer 7

• compensate claimant for loss, involving cost of restoration
• possible additional charge for inconvenience/if impossible to restore to what it was

Question 8

What do injured parties need to do to ensure they get compensated?

Answer 8

Mitigate losses

Question 9

Define interim injunction

Answer 9

Prevents a tort being committed and any further damage being sustained until the case comes to court

Question 10

What is the power behind an injunction?

Answer 10

They are court orders - could lead to fine or imprisonment in not complied with