compensatory damages

• compensatory damages

  • damages is the money awarded as compensation to the claimant
  • aim is to put C back into the position they would have been in had the damage not occurred
  • can sometimes be an entirely artificial remedy
  • damages cover different types of losses, pecuniary- calculated exactly (rent), non pecuniary- cannot be exactly calculated (pain)
• mitigation of loss

  • c is expected to mitigate their loss - should try and minimise their loss and not to unnecessarily increase their loss
  • (marcroft v scruttons)
• types of damages

  • special - account for losses up to date of the claim and cover pecuniary losses
  • general - account for future losses and cover pecuniary and non pecuniary losses
  • nominal - awarded where the tort has been proven but there is no actual loss
  • contemptuous - court feels C should not have brought action
  • aggravated - additional money for causing anxiety
  • exemplary - additional award that reflects the courts disapproval of C’s conduct
• general damages

  • (wise v kaye) - if C is unconscious then no award for pain or suffering, C can still claim for loss of amenity
  • for future loss of earnings the court takes the net annual loss and multiplies it by the number of years C will be unable to work
• payment of damages

  lump sum

  • c will receive all of the damages in one payment
  • judges accept this will not always be accurate (lim poh choo v camden)
  • more likely for special damages

  structured settlement

  • (damages act 1996) allows the parties to agree on a structured settlement
  • c will then receive the damages in regular instalments
  • more likely when C’s future has been impacted by unknown large losses