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Myanna jasmia
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Cards (10)
What are
compensatory damages
?
Compensatory damages are
monetary
awards to compensate for loss or injury.
View source
What is an
injunction
?
An injunction is a
court order
requiring a
party
to do or refrain from doing a specific act.
View source
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.
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