Remedies

• What is the primary source of remedy in tort law?

  Financial compensation
• Pecuniary losses are those that can be calculated in monetary terms.
• Non-pecuniary losses are solely monetary-based.

  False
• What is the defining characteristic of special damages?

  Calculable up to trial
• Special damages vary depending on the claimant.
• Repair or replacement costs for damaged property are included in special damages.
• What type of loss is future loss of earnings considered?

  Pecuniary loss
• Steps to calculate future loss of earnings

  1️⃣ Determine annual earnings

  2️⃣ Choose multiplier

  3️⃣ Calculate total loss
• Any benefits received from social services are deducted from the lump sum to avoid over-compensation.
• Pain and suffering can be compensated as part of general damages.
• In the Lim Poh Choo case, what was the cause of her reduced compensation?

  Medical negligence
• Match the remedy type with its characteristic:

  Special damages ↔️ Calculable up to trial

  General damages ↔️ Future loss of earnings
• What is the purpose of the Judicial College in setting tariffs for judges?

  Achieve consistency
• Loss of amenity is compensated if it affects enjoyment of life due to injury.
• Lim poh cho case

  Reduced sum as she was unaware of her predicament
• What type of injury can brain damage lead to in tort law?

  Negligence
• Lack of awareness of brain damage is not relevant in assessing negligence.

  False
• Payments depend on the situation
• Awards for mitigation are based on previous cases
• What is the legal principle of mitigation of loss in tort law?

  Reducing damages
• The defendant has a duty to keep damages at a reasonable level.
• The Damages Act is relevant when calculating damages
• What is an example of a disproportionate replacement of damaged property in tort law?

  Replacing a VW with a Range Rover
• Nominal damages are awarded when actionable per se and no harm
• Contemptuous damages are awarded when the jury thinks the case should not have been brought to court.
• What is considered when calculating aggravated damages in tort law?

  Malicious behavior
• Exemplary damages are primarily used to punish the defendant.
• The Law Reform Act 1948 discusses contemptuous damages
• Which act allows for provisional awards of damages in tort law?

  Supreme Court Act
• Provisional awards allow the claimant to return to court if their condition worsens.
• Payments in tort law can be made as a lump sum or structured payments
• What is a disadvantage of lump sum payments in tort law?

  Condition may deteriorate
• Structured payments must be agreed upon by both parties.
• In what situation are contemptuous damages awarded in tort law?

  Little harm, unnecessary case
• Aggravated damages are used to comfort the claimant's feelings
• What is a 'quia timet' injunction?

  An injunction prior to tort
• A 'quia timet' injunction is used to restrain wrongful acts
• The threat in a 'quia timet' injunction must be imminent but not yet commenced.
• What principle is reflected in the saying 'He who seeks equity must do equity'?

  Fairness
• To obtain an injunction, the court requires the applicant to ask in a certain way