remedy of compensatory damages

• pecuniary and non pecuniary loss:

  • pecuniary is a loss that can be easily calculated in money terms
  • nonpecuniary is a loss that isn't wholly money based such as pain and suffering
• Special damages:

  Amounts which can be calculated specifically up to the date of the trial or settlement.
• General damages:

  look forwards from trial date they can include loss of amenity, future loss of earnings.
• Lump sums and structured settlements:

  When courts award for pain or loss of amenity it is a once only award, a lump sum might be unfair to the defendant if claimants condition improves considerably and they no longer need it.

  • Damages Act 1996 allows structured settlements, periodical payments.
• Mitigation of loss:

  Claimant is under a duty to keep the loss to a reasonable level.
• Injuctions:

  An order to stop doing something.