Remedies Flashcards
What are the remedies?
Two types of remedy
Injunction – order forcing defendant to act or prevent the defendant acting in certain way. INJUNCTION IS NOT A FEMEDY FOR A NEGLIGENT ACT
Damages is an award of money.
Types of damages?
Compensatory damages – to compensate for harm they have suffered.
- Special damages specifically provable and quantifiable financial losses at the time of trial.
- General damages – covers future losses, and non-quantifiable losses such as for personal injury.
1. Pain and suffering
2. Loss of amenity – depend on how active claimant was prior to injury and what they’ve lost.
3. Overall significant lump
4. Calculation of future losses – annual expense and multiple by number loss will be suffered.
5. LOOK AT JUDCIAL BODY OF CASE LAW WHICH HELPS COURT DECIDE
Deductions from damages
- Any state benefits received by claimant following injury – defendant pays back to state
- Any contractual sick pay
- Any redundancy pays
Damages when claimant dies
- Estate may bring a claim for any losses up to date of death
- Fatal accidents act – dependents of deceased’s, closed blood relations
