Remedies

Question 1

Compensatory damages

Answer 1

Damages are the most common remedy where a tort has been committed.

Question 2

Compensatory damages - Restitutio in integrum

Answer 2

Damages for tort are normally awarded on the compensatory basis. This is to put c in the position they would have been had the tort not happened, in so far as it is possible to do so with money.

Question 3

Types of compensatory damages

Answer 3

1) Special/liquidated damages
2) General/unliquidated damages

Question 4

Types of compensatory damages - Special/liquidated damages

Answer 4

Pecuniary loss (financial loss) incurred pre-trial/pre-settlement:
- cost of repairing damaged property
- loss of earnings up to the date of the trial/settlement
What makes this special is that the values are known exactly, for both the loss and fixing damages.

Question 5

Types of compensatory damages - General/unliquidated damages

Answer 5

Future financial loss and non-quantifiable losses.
Future pecuniary loss includes:
- future loss of earnings
- future medical expenses
Non-pecuniary loss includes:
- pain and suffering
- loss of anemity

Question 6

Types of compensatory damages - General/unliquidated damages - cases

Answer 6

Pickett v British Rail - future loss of earnings includes loss resulting from a reduced life expectancy
Wise v Kaye - non-pecuiary loss is not avaliable for a period where c is unconcious

Question 7

Types of payment

Answer 7

1) Iterim payments
2) Lump sum
3) Structured settlements/Periodic payments

Question 8

Types of payment - Iterim payments

Answer 8

Part 25 Civil Procedures Rules - payments can be ordered before the full settlement is awarded. Often used to fund the costs of immediate medical care for catastrophic injuries, prior to and during trial.

Question 9

Types of payment - Lump sum

Answer 9

A one-off award. It can incorporate special and general damages. Awards for pain and suffering or loss of ammenities have to be rewarded as a lump sum.

Question 10

Types of payment - Lump sum - pros and cons

Answer 10

Pro: easy to close cases
Con: if c’s health deterioates further, won’t get extra money to help pay treatment. Similarly, if c get’s better, d never sees the extra money again.

Question 11

Types of payment - Structured settlements/Periodic payments

Answer 11

Part of s.2 Damages Act 1996 - allows periodic payments for future financial loss resulting from personal injury.
- They can be awarded for life or for a set term.
- Payments can be reassessed periodically to take account of inflation or changes in the cost of medical care.
- It has to be agreed between the parties. The courts have no power to order structured settlements, only to impose lump sums.

Question 12

Mitigation of loss

Answer 12

C has a duty to mitigate losses (keep them reasonable):
- NHS care should be chosen over private where possible
- Damaged property should be replaced with property of similar value

Question 13

Other types of damages

Answer 13

• Nominal damages
• Contemptuous damages
• Aggravated damages

Question 14

Other types of damages - Nominal damages

Answer 14

Where d was clearly negligent but there was no loss or damage. More symbolic than anything else: d pays £1 to make a point that the negligent act existed.

Question 15

Other types of damages - Contemptuous damages

Answer 15

If c brought the case out of malice and had low chance of winning, the money would be given to d. This makes an example out of c and pays d’s legal fees.

Question 16

Other types of damages - Aggravated damages

Answer 16

If the damage caused was little but could have been far worse, more money is given to c.

Question 17

Injunctions

Answer 17

• When the court orders someone to do or stop doing something. Most commonly used where the alledged tort is continuing or yet to start.
• Can be placed immediately, even before the case is heard.
• Not commonly used in general negligence cases as there, the tort was already committed (if d continues tort it can be used) and damages are the appropiate remedies.

Question 18

Types of Injunctions

Answer 18

1) Prohibited injunction
2) Mandatory injunction
3) Partial injunction

Question 19

Types of Injunctions Prohibited injunction

Answer 19

Order to not do something or stop doing it.

Question 20

Types of Injunctions - Mandatory injunction

Answer 20

An order to preform a specific action.

Question 21

Types of Injunctions - Partial injunction

Answer 21

Finds a middle ground, seeks to limit or reduce tortious activity. Usually granted if tort has public benefit. This can include ordering the media to keep certain cases quiet for a certain amount of time (con: undemocratic, no public domain).

Question 22

Injunctions can be

Answer 22

1) Interim injunction - ordered during case, takes effect immediatly and lasts until a final judgement is made
2) Final/perpetual injunction - ordered at the end of a case

Question 23

Damages vs. Injunctions - case

Answer 23

Coventry v Lawrence - tort was allowed to continue, damages were still paid, noise pollution continued.

Question 24

Damages vs. Injunctions

Answer 24

The court is more likely to award damages in lieu of an injunction if:
- loss or inconveniance is slight and impact of injuction would be severe
- there is public interest in tort continuing which outweighs c’s interest in it ceasing.

Question 25

Injunction result

Answer 25

Failing to abide by one constitutes contempt of court and is punishable by a fine or up to 2 years in prision. This is the only way to get to prision via a civil court and case.