Remedies Flashcards
(12 cards)
What are the 2 types of remedies?
Damages and injunctions.
What are damages?
Monetary compensation given to make up for the harm or loss suffered by the claimant.
What is the aim of damages?
To put the claimant back in the position they were in before the tort occurred.
What are the 2 types of damages?
Special damages and general damages.
What are special damages?
Damages awarded for losses that can be precisely calculated.
What are pecuniary losses?
Financial losses.
What are examples of special damages?
Medical expenses
Loss of earnings
What are general damages?
Damages awarded for losses that cannot be precisely calculated.
What are examples of general damages?
Pain and suffering
Loss of amenity
What are non-pecuniary losses?
Losses with no financial value.
How can damages be paid?
Lump sum
Structured settlements
What is meant by mitigation of loss?
The claimant has a duty to keep their losses to a reasonable level.
