Remedies

Cards (7)

  • Compensatory damages
    Primary remedy sought by claimants and offered by courts
    They seek to restore the claimant to the position they were in before the negligent incident occurred
  • Pecuniary loss
    A loss with a easily identifiable financial value e.g. travel costs
  • Non- pecuniary loss
    A loss that does not have an easily identifiable financial value e.g. physical injury
  • Special damages
    Awarded for the financial loss of the claimant up the the date of the trial
  • General damages
    Awarded for non-pecuniary losses that the claimant incurred (pain, suffering) and will continue to incur (future medical care, loss of future earnings)
  • Payment of damages
    1. Lump sum payment - all at once
    2. Structured settlement - regular payments
  • Injunctions
    1.Prohibitory injunction - Court order that prohibits/restricts certain behaviour/actions by D
    2.Mandatory injunction - enforce a particular act/continued act
    Coventry v Laurence