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Paper 2 law
negligence
remedies
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what is the aim of compensatory damages?
the aim is to
place
the
claimant
in the
position
they were in
before
the
tort
had
occurred
what are
pecuniary damages
?
these are given under
monetary
terms for example loss of
earnings
what are non-pecuniary damages?
these are given for
pain
and
suffering
or
change
in
lifestyle
what are special damages?
these are
calculated
up to the
date
of the
trial
and can be given for
loss
of
earnings
etc
what are general
damages
?
these are given after the trial for things like
pain
loss of
enjoyment
and loss of
future earnings
what is a lump sum?
this means that
damages
are
paid in one go
and the
claimant
cant
come back for more
what are structured settlements?
This means that
damages
are paid at
regular intervals
for
years.
the amount can be
amended
and
discussed
what is an
injunction
?
a
court
order to stop a specific
action
or
type
of
behaviour
what is
mitigation of loss
?
the claimant has to keep their loss at a
reasonable
level. for example, you cant claim for
private
medical treatment if it is available on the
NHS
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