remedies

Question 1

what are the two main remedies in tort law

Answer 1

Damages
Injunction

Question 2

what are damages

Answer 2

compensation in money for damages or injury suffered

Question 3

what is an injunction

Answer 3

court order to stop certain activity

Question 4

what are the 2 types of compensatory damages

Answer 4

purpose of damages
general damages

Question 5

what types of loss are these for

Answer 5

monetary losses e.g repair costs

Question 6

Purpose of Damages meaning

Answer 6

Puts the c back into the position they would have been if the negligent act hadn’t occurred

Question 7

what case told us that

Answer 7

Livingstone v Raywards Coal Company 1880

Question 8

what case tells us judges will arrive to a fair estimate taking into account all the relevant considerations

Answer 8

British Transport Commission v Gourley 1956

Question 9

what are the 2 types of damages

Answer 9

special damages
general damages

Question 10

what are the two types of losses

Answer 10

pecuniary losses
non- pecuniary losses

Question 11

which one covers pecuniary losses

Answer 11

special damages

Question 12

what is a pecuniary loss

Answer 12

g things which can easily be attached to a financial amount
e.g cost of repairing and replacing damaged property

Question 13

what is a non-pecuniary loss

Answer 13

meaning things which cannot easily be attached to a financial amount

Question 14

how can pecuniary losses be calculated

Answer 14

This includes all losses up to the trial date.

These losses can be evidenced with receipts and invoices.

Question 15

what are the 3 types of non-pecuniary losses

Answer 15

pain and suffering
loss of Future Wages
Loss of Amenity (loss of quality of life/ lifestyle change had to made due to injury)

Question 16

Pain and Suffering includes…

Answer 16

Includes past, present and future physical pain and mental anguish. Also includes fear of future treatment or condition worsening

c must be aware of the pain

Question 17

what case is used for c being aware of the pain (think ur brother)

Answer 17

Wise and Kaye 1963

Question 18

what is included in Loss of Future Wages

Answer 18

If the injury has shortened your life expectancy, these ‘lost years’ will be included with the amount paid 

Question 19

what case tells us this

Answer 19

Pickett v British Rail Engineering 1980

Question 20

Loss of Amenity case

Answer 20

Giambrone v JMC 2002

Question 21

what 2 ways can damages

Answer 21

 lump sums
structured settlements

Question 22

what is a lump sum

Answer 22

when all money is paid to the c in one go

Question 23

what is a structured settlement

Answer 23

when money is paid to c at set amounts each month/year

Question 24

what 2 types of non- pecuniary losses can only be paid in lump sum

Answer 24

Pain and Suffering and Loss of Amenity

Question 25

whats the act for structured settlements u got this gng

Answer 25

Damages Act 1996

Question 26

what does this mean

Answer 26

 allows for structured settlements Has to be arranged between D (or D's insurance) and C D will purchase an annuity (regular payments) through a financial company They then pay out a set amount to C each month/ year for a certain period of time

Question 27

what is mitigation of loss

Answer 27

C must try to 'mitigate their loss' meaning they must try keep their costs low as possible   e.g if your windscreen is damaged in an accident, what would be reasonable and unreasonable to claim for?

Question 28

what about private medical treatment

Answer 28

Only reasonable if necessary e.g if NHS treatment would take too long or treatment unavailable. If treatment requires varies trips to hospital it is reasonable to claim things like parking costs or petrol money 

Question 29

whats a case example of this

Answer 29

Marcroft v Scuttens

Question 30

what are the 2 types of injunctions

Answer 30

Perpetual Injunction Mandatory Injunction

Question 31

Perpetual Injunction

Answer 31

final order from the court to stop the activity. Most common.

Question 32

Mandatory Injunction

Answer 32

order from the court for D to take action- e.g to prevent a nuisance by fitting an extractor fan

Question 33

Damages can be paid as well as an injunction.

Question 34

what case tells us damages may be more suitable

Answer 34

Coventry v Lawrence 2014