Remedies

    Cards (10)

    • What are compensatory damages?

      Compensatory damages are monetary awards to compensate for loss or injury.
    • What is an injunction?

      An injunction is a court order requiring a party to do or refrain from doing a specific act.
    • The aim of the damages is to put the claimant in the position he
      would have been had the tort not have been committed.
      This is possible where there has been damage to property but is
      more difficult to achieve where the claim is for personal injury
    • What is pecuniary losses
      A loss that can be easily calculated in money terms
    • Example of pecuniary loss

      Loss of earnings
    • What are non-pecuniary losses?

      Non-monetary damages suffered by an individual, such as pain and suffering, emotional distress, or loss of enjoyment.
    • What are special damages
      amounts that can be calculated specifically up to the date of settlement. or pecuniary losses
    • What are general damages
      these are non-pecuniary losses and look forward from the date of
      settlement
    • Examples of special damages
      • an amount for pain and suffering
      • loss of amenity
      • future loss of earnings
      • future expenses (including medical expenses, adapting property a new car
    • When courts make an award for pain and suffering and loss of amenity they can only award a
      lump sum, it has to be a once only award, this can be unfair if a claimant’s condition gets
      worse or his treatment is more expensive, he cannot claim more, but on the other hand he will
      not have to pay any money back if he makes a better recovery than thought.
    See similar decks