Tort Law - Remedies + Negligence Flashcards
(36 cards)
What are remedies in tort law?
Remedies are court-ordered outcomes aimed at putting the claimant in the position they would have been in if the negligence hadn’t occurred. There are two types: 1. Damages (monetary compensation) 2. Injunctions (court orders)
Exam Tip: Always mention remedies in exam answers.
What are damages?
Damages are compensatory and restorative payments made by D to C. They aim to cover actual and future losses.
What are pecuniary and non-pecuniary losses?
• Pecuniary losses: Financial losses with a clear value (e.g. medical bills, lost wages). • Non-pecuniary losses: Non-financial losses (e.g. pain, suffering, loss of amenity).
What are special and general damages?
• Special damages: Cover past financial losses up to the date of trial (e.g. cost of repairs, lost income). • General damages: Cover future losses or losses that can’t be precisely calculated (e.g. pain, future earnings).
What are the common heads of general damages?
- Pain, suffering, and loss of amenity 2. Future medical care and personal assistance 3. Loss of future earnings
How is future loss of earnings calculated?
Formula: C’s net annual loss × number of earning years left = Damages for future earnings
What is mitigation of losses?
C has a duty to minimise their losses by taking reasonable steps (e.g. accepting medical treatment, returning to work if possible).
What are lump sums and structured settlements?
• Lump sum: A single payment of compensation. • Structured settlement: Part paid as a lump sum, the rest in regular instalments, often used when C needs ongoing care or equipment.
What is an injunction?
An injunction is a court order requiring D to: • Stop doing something (prohibitory), or • Do something (mandatory)
What happens if D disobeys an injunction?
D may be found in contempt of court, which can lead to a fine or imprisonment.
When are injunctions typically used?
Usually in nuisance cases. However, the Supreme Court in Coventry v Lawrence said courts should now consider whether damages may be more appropriate than an injunction in these cases.
What are remedies in tort law?
Remedies are court-ordered outcomes aimed at putting the claimant in the position they would have been in if the negligence hadn’t occurred. There are two types: 1. Damages (monetary compensation) 2. Injunctions (court orders)
Exam Tip: Always mention remedies in exam answers.
What are damages?
Damages are compensatory and restorative payments made by D to C. They aim to cover actual and future losses.
What are pecuniary and non-pecuniary losses?
• Pecuniary losses: Financial losses with a clear value (e.g. medical bills, lost wages). • Non-pecuniary losses: Non-financial losses (e.g. pain, suffering, loss of amenity).
What are special and general damages?
• Special damages: Cover past financial losses up to the date of trial (e.g. cost of repairs, lost income). • General damages: Cover future losses or losses that can’t be precisely calculated (e.g. pain, future earnings).
What are the common heads of general damages?
- Pain, suffering, and loss of amenity 2. Future medical care and personal assistance 3. Loss of future earnings
How is future loss of earnings calculated?
Formula: C’s net annual loss × number of earning years left = Damages for future earnings
What is mitigation of losses?
C has a duty to minimise their losses by taking reasonable steps (e.g. accepting medical treatment, returning to work if possible).
What are lump sums and structured settlements?
• Lump sum: A single payment of compensation. • Structured settlement: Part paid as a lump sum, the rest in regular instalments, often used when C needs ongoing care or equipment.
What is an injunction?
An injunction is a court order requiring D to: • Stop doing something (prohibitory), or • Do something (mandatory)
What happens if D disobeys an injunction?
D may be found in contempt of court, which can lead to a fine or imprisonment.
When are injunctions typically used?
Usually in nuisance cases. However, the Supreme Court in Coventry v Lawrence said courts should now consider whether damages may be more appropriate than an injunction in these cases.
What is Psychiatric Injury in negligence?
A separate category from normal personal injury or property damage (Caparo doesn’t apply directly).
