Remedies

Question 1

What is pecuniary and non-pecuniary loss?

Answer 1

Pecuniary loss is when it can be readily calculated in money terms

Non-pecuniary loss is when it is not readily quantifiable or valued in money terms

Question 2

What are special damages?

Answer 2

Pecuniary losses. In case of consequential economic loss and damage to property, these are easily compensated for as special damages and qualified before the trial.

Question 3

What are general damages?

Answer 3

Non-pecuniary losses and are concerned with how C’s future would have been but for the tort. They’re speculative and represent an amount society deems fair. The courts use a tariff system.

Question 4

What is mitigation of loss?

Answer 4

C is entitled to compensation for their loss but is under a duty to take reasonable steps to to minimise their losses.

Question 5

What is an injunction?

Answer 5

It prohibits the repetition of the tort. It is equitable remedy and granted at the discretion of court. It sometimes involved balancing C’s interests with public interest: MILLER v JACKSON

Question 6

What is a prohibitory injunction?

Answer 6

Orders D to stop doing something by banning an activity outright or within certain hours

Question 7

What is a mandatory injunction?

Answer 7

Orders D to take positive steps to do something.