LAW P2 TORT (Remedies)

Question 1

What are the different types of remedies?

Answer 1

Damages: a monetary award to return to the claimant to the position they would have been in had the tort not occured

Injunctions: court orders prohibiting a defendant from committing a specific action

Question 2

What are the different types of damages?

Answer 2

Special damages (pre trial losses, quantifiable): Loss of earnings, medical costs, property damage

General damages (post trial, not precisely quantifiable): future medical expenses, loss of future earnings, pain and suffering, psychiatric injury

Question 3

What are the cases for compensatory damages?

Answer 3

Wise v Kaye, Damages should be awarded for both general and special damages, considering future care and costs.

Jacklin v Chief constable of west yorkshire, The court awarded damages for the distress and loss of reputation

Question 4

What is mitigation of loss?

Answer 4

Mitigation of loss – The claimant is under a duty to mitigate his losses – to stop the damages or injuries getting worse and must keep the losses to a reasonable level

Question 5

What are the different types of injunctions?

Answer 5

Prohibitory injunctions – stops the defendant from doing something –

Mandatory injunctions – forces the defendant to do something (remove nuisance, fix land etc)

Question 6

What are the cases for injunctions and equitable remedies?

Answer 6

Miller v Jackson, Remedies in nuisance cases can include injunctions to stop the nuisance and damages for the harm caused to property or land

Kennaway v Thompson, The court may grant an injunction to stop or limit the nuisance