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A level law remedies scenario essay plan
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full knowledge and essay plan for a scenario on civil remedies.
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Remedies scenario knowledge:Intro: remedies are what are given once liability has been concluded. Usually this is to restore what
the claimant has lost or as compensation for the harm that has been caused such as injuries or
damage to property. The financial award is known as damages. The claimant who wins is always
entitled to damages, but the quantum is up to the courts not the claimant. The next most common
remedy is an injunction, where boundaries can be put into place to prevent the D from repeating the
tort e.g. restraining order.
Damages:
there are 2 types – pecuniary and non-pecuniary, meaning losses that can be calculated wholly by
money e.g broken laptop. Or non-pecuniary meaning things that are harder to calculate such as loss
of amenity (enjoyment of life). Must try and put a money value on that, to attempt to make their
lives easier. Special and general damages. Special damages are those that have amounts that can
be calculated from the tort up to the trial or settlement and can be calculated as they are usually of a
monetary loss e.g. broken watch. Could also be a loss of earnings or transport etc. General damages
are both pecuniary and non that are looking at loss's forwards from the trial etc. These are harder to
calculate as it's hard to predict the future, but includes that of: pain, suffering, lack of enjoyment of
life, lifestyle changes or future medical things that are necessary. General damages are hard to
quantify so evidence must be found to help support the amounts e.g medical advice. Lump sums
and structured settlements: Awards for loss of enjoyment or pain and suffering will usually be all at
once lump sums and therefore the claimant cannot come back to the court expecting more
payments. This can be unfair on C as their condition could deteriorate but on the other hand, they
could improve a lot more than expected and therefore get more money than what is needed.
Mitigation of loss: C is under duty to keep the loss to a reasonable level. This is known as mitigation
of loss. If something needs to be replaced, then a similar replacement is all that’s allowed, e,g a
10,000 car shouldn’t be replaced with a 200,000 car. Other headings of damages – nominal
damages are small amounts that are rewarded when there is little, or no harm caused.
Contemptuous damages are given when harm is low and a case shouldn’t have really been brought,
so little benefit for c and can even make them pay their own legal fees. Aggravated damages are
types that are rewards when D has had a bad motive etc and therefore compensates for C’s hurt
feelings. Exemplary are known as punitive and are used to punish the D to deter them from
repeating in the future.
Injunctions:
An injunction is a court order that must be obeyed given by the courts and a breach of an injunction
can lead to contempt of court resulting in a fine or in serious cases a 2-year sentence. These are
given at the discretion of the court when it’s considered just and convenient. They will not be given
when damages are an adequate remedy. Courts will consider maxims to help guide them such as
delay defeats equity and he who seeks equity must do equity. Meaning the courts unlikely to award
an injunction if C has taken a long time to ask for it and injunction won't be awarded if c has acted in
an unfair manner. A mandatory injunction means that you must do something. [Redland bricks]-
must put some support to prevent landslides. A prohibitory injunction is done to prevent something
happening again, when there is a risk that a behaviour will be repeated. [Thompson and Venables]-
no public info about them allowed to be released to the public to protect them. Quia timet
injunctions are injunctions obtained prior the commission of a tort. For example, when something is
threatened such as the use of a restraining order, but danger must be imminent [fletcher]. Super
injunctions are injunctions that don’t allow the publication of certain info and prevents the
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