Remedies

Question 1

What is the most common form of remedy

Answer 1

D pays money to C as compensation

Question 2

What are the two types of damages

Answer 2

Special damages
General damages

Question 3

What are special damages

Answer 3

These can be specifically calculated as they refer to the expenses incurred by C between incident and judgement e.g. Loss of earnings, or repair costs

Question 4

What are general damages

Answer 4

These cannot be precisely quantified e.g. pain and suffering or future loss of earnings

Question 5

Pecuniary loses

Answer 5

These are financial losses such as future medical costs and future loss of earnings

Question 6

Non-pecuniary losses

Answer 6

Losses that are not quantifiable in terms of money
Awarded for:
pain and suffering - set out in kemp & kemp (textbook)
Loss of amenity
Bereavement - under the administration of justice act 1976 parents can claim for loss of a child under 18, or a spouse claim for a partner

Question 7

What act allows for bereavement

Answer 7

The administration of justice act 1976

Question 8

Payment

Answer 8

Damages are either paid as lump sum or in larger awards as a structured settlement under the damages act 1996 where money is paid at set intervals for a period or for life

Question 9

What act allows for structured payment

Answer 9

The damages act 1996

Question 10

Mitigation of loss

Answer 10

C is under a duty to mitigate his loses (motorways Ltd v alwahabi) this means he must keep his losses to a reasonable level where possible

Question 11

What case is used for mitigation

Answer 11

(Motorways Ltd v Alwahabi)