Remedies Flashcards
What are the 2 main remedies in Tort law?
Damages or injunctions
What are damages?
Compensation for the damage or injuries suffered
What is an injunction?
This is a court order to stop a certain activity
What is the purpose of damages?
Puts the claimant back in a position they would have been if the negligent act had not occured.
What are the 2 types of damages?
Special damages
General damages
What are special damages?
Covers pecuniary losses- things that can be attached to a financial amount. this includes all losses up to the trial date and these losses can be evidenced with receipts or invoices.
Examples of special damages
Cost of repairing or replacing damages property
Cost of medical expenses already incurred.
Loss of earnings for a specific period of time
Reimbursement for expenses incurred
What are general damages?
Covers non-pecuniary losses which are things that cannot easily be attached to a financial amount.
Examples of general damages
Pain and suffering (Wise and Kaye)
Possible future expenses after trial
Loss of future earnings
Loss of amenity (enjoyment of a hobby)
In what 2 ways can damages be awarded?
Lump-sums - All the money paid in one go
Structured settlements - When money is paid to the claimant in set amounts over a period of time.
Advantages of lump sums:
+ No delay in getting the compensation
+ Gives the claimant more freedom and relief
Disadvantages of lump sums:
- Must be able to manage a large sum of money especially if you are out of work
- Doesn’t cover a worsening medical condition.
Advantages of structured settlements:
+ Easier way to manage finances
+ Resembles a wage which can have a positive psychological impact for people who are our of work through no fault of their own.
Disadvantages of structured settlements:
- The waiting time for the money each month/year may be difficult.
- Inflation may make it difficult when waiting for the payment to arrive.
What is mitigation of loss?
The claimant must mitigate their loss meaning they must try to keep the costs as low as possible. The court balances what is reasonable for the claimant and the defendant.
