Remedies Flashcards
(12 cards)
Compensatory damages
The purpose of compensatory damages in tort law is to restore the claimant to the position they would have been in had the tort not occurred, as established in Livingstone v Rawyards Coal Co. They are not intended to punish the D, but to compensate the claimant for actual loss suffered.
Special damages
Special damages compensate for financial losses incurred up to the date of trial, such as medical expenses, loss of earnings, and damage to property. These must be specifically pleaded and proven with evidence like receipts or wage slips.
General damages
General damages cover non-pecuniary losses such as pain and suffering, loss of amenity (enjoyment of life), and future financial losses like future earnings or care costs. As these are harder to quantify, courts rely on precedents, expert evidence, and guidelines.
West v Shephard
General damages were awarded for pain, suffering, and loss of amenity following a serious injury.
Principle of mitigation of loss
The principle of mitigation of loss requires that a claimant takes reasonable steps to minimize their losses following a tort. A claimant cannot recover damages for any losses that could reasonably have been avoided. This ensures fairness and prevents a claimant from benefiting from their own inaction.
British Westinghouse Electric Co v Underground Electric Railways
Court held that claimants must act reasonably to limit their loss, but are not required to take unreasonable or risky measures.
Example
For example, if a person suffers personal injury due to negligence, they are expected to seek reasonable medical treatment. If they refuse treatment without valid reason, any additional harm may not be compensated
Reasonableness
However, the standard is one of reasonableness. Claimants are not expected to take every possible step, only those that are sensible in the circumstances.
Injunctions
An injunction is a court order to either prevent or force a D to do something.
These are commonly used in nuisance and trespassing to stop it continuing
Prohibitory injunctions
Stop people doing something (used in nuisance cases)
Watson v Croft promo-sport - Injunction given to limit nuisance from occurring
Mandatory injunctions
Order from court to compel D to act in particular way (D wants to rectify damages)
Jacklin v Chief constable of west Yorkshire - Injunctions can be awarded for causing unreasonable damage on someone else’s property
Partial injunctions
Order to limit D’s activity o reduce them (usually when tort has some public benefit)
Kennaway v Thompson- Court granted a partial injunction, restricting the number and timing of events.
