Summary
Summary Remedies
- Institution
- AQA
Includes: - Damages - Injunctions
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RemediesDefinition: Money calculated to return
Damages a C to their original position before the Injunction Definition: Court order to prevent or
Tort was committed.
(compensatory) force a defendant to do something.
In Latin: - Restitutio in intergrum Equitable remedy
Types:
Special Damages General Damages
Definition: Can be quantified to Definition: ‘Unliquidated’ / Cannot be
some accuracy. quantified (BTC v Gourley – fair estimate) Prohibitory - stops Partial-limits Mandatory - compel (Jacklin v
(Watson v Croft) (Kennaway v Thomson) CC of West Yorkshire)
Pre-trial loss of earnings – special. Awarded for:-
Post-trial loss of earnings – general. 1. Pain and suffering – past, present
and future physical and mental pain. C
must be aware (Wise v Kaye).
Damages usually lump sum but 2. Loss of amenity – Loss of a skill or
sometimes not: hobby that a C used to be able to do. Abatement (Remedy for R v F):
Interim Payments = P(25) of the 3. Future loss e.g. nursing care, - Gives permission for C to
Civil Procedures Rules – used for PI pension rights. (Pickett v British Rail remove thing from D’s land if
claims mostly as money needed Engineering Ltd). denied (Simons Smelting v
before final calculation.
4. Specific Injuries: A standard tariff is General HMC)
Periodical Payments = S(2) of the provided in Kemp and Kemp Quantum
Damages Act 1996 – for Pecuniary of Damages.
loss for PI damages can be periodic.
C must reasonably Mitigate their
loss.
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