remedies in tort law

• Defences


  Volenti non fit injuria, Law Reform (Contributory Negligence) Act 1945, remedies, damages, including the mitigation of loss, Injunctions
• Contributory Negligence


  1. Claimant contributes to their own injuries or makes them worse

  2. Damages awarded to claimant reduced according to level of contribution to own harm (s1.1 Law Reform [Contributory Negligence] Act 1945)
• Volenti non fit injuria (defence of consent)


  • Cancels out defendant's liability completely
  • Available where claimant consented to defendant's negligent actions either expressly or impliedly by conduct
  • Defendant must prove claimant knew the precise risk involved and voluntarily accepted the risk
• Volenti non fit injuria


  • Stinton v Stinton 1993 - Claimant accepted lift from driver he knew was over alcohol limit, damages reduced by one third
• Remedies


  Damages, Injunctions
• Damages


  • Monetary compensation awarded to claimant if defendant liable
  • Theoretical purpose is to restore claimant to position they would have been in had tort not been committed
• Classification of Damages


  • Pecuniary Losses (direct financial loss)
  • Non-pecuniary Losses (non-financial losses)
  • Special Damages (for pecuniary losses, easy to calculate)
  • General Damages (for non-pecuniary losses, difficult to reconcile in monetary terms)
• Heads of Damage


  • Pain and Suffering (court refers to previous cases)
  • Loss of Amenity (court considers impact on claimant - take into account level of enjoyment from activity before.)
  • Loss of Earnings (actual wages lost)
  • Loss of Future Earnings (complex formula involving number of years claimant unable to work)
  • Property Loss/Damage (current market value of item in question)
  • Loss of Faculty (Tariff system- court has specific amounts for specific body parts)
  • Aggravated Damages - suffered mental distress(court refers to previous cases)
• Injunctions


  • Court order for defendant to do or stop an action
  • Prohibitory Injunction (orders defendant to stop action e.g stop making constant noise)
  • Mandatory Injunction (orders defendant to do something e.g reduce size of tall trees blocking light)
  • Restrictive Injunction (restricts when defendant can act e.g restricted timed access)