#Exam 2(2)- Remedies Flashcards
what is the purpose of damages
to put claimant in same position as if the tort had not been committed
where is it harder to determine damages
when someone has been made disabled due to PI
what is a pecuniary losses
easily calculated in money terms e.g. cost of repairing a car
what are non pecuniary losses
not fully money based
includes pain and suffering due to an accident
loss of amenity and change of lifestyle
what are special damages
can easily be calculated, they are pecuniary losses calculated up to the trial or settlement
what is included under general damages
amount of pain and suffering
loss of amenity
future loss of earnings
future medical expenses- includes adapting a house or car to be suitable
how are general damages harder to work out
it requires speculative evidence
how may damages be given
either a lump sums or structured settlements
how are lump sums unfair
claimant can’t go back to court for more damages
inflation
unfair on both claimant and defendant as they might need more or less care/ need more or less money
how do structured settlements work
given money either every month or year,
beneficial as it can be reassessed, this is fairer on both claimant and defendant as it means the appropriate amount of money is given at each interval
What is an injunction
Prevent someone from committing a certain type of behaviour
Doing or not doing something
