remedies

• remedies - damages

  The main aim is to put the claimant back in the position they were in before suffering

  1. pecuniary loss - easily calculated in terms of money eg hospital treatments and car lent whilst car is being fixed
  2. non-pecuniary loss - not money based and not strictly quantitative eg pain and suffering
  3. special damages - similar to pecuniary losses meaning they can be calculated and put in quantifiable amounts
  4. general damages - evidence needed to support the claim eg future loss of earnings and future medical expenses including any changes needed for C due to the injury
• damages p2

  5. lump sums - courts can only only award a lump sum of money. C cannot come back to court and say they have exhausted the damages recieved

  this can be unfair to c where their losses become worse in the future

  also a problem where large award of money is made for future medical expenses - doesnt consider inflation

  might also be unfair on d where c condition improve in the future
• how courts deal with lump sum of money

  1. damages act 1996 structured settlements to be made

  • periodical payments - every month x amount
  • parties can agree payments to be made for life or a period - amount can be reassessed at intervals to ensure value is still the same - protects both c if their conditions get worse and d if c's condition improves
• mitigation of loss

  • amount compensated should be reasonable
  • eg cannot rent a bentley if damages was to a ford car
  • or private treatment cannot be claimed if nhs is available
  • same applies for property losses

  when calculating loss of earnings c will be expected to mitgate the loss eg :

  1. can work part-time or lower wage
• marcroft v scruttons

  • c refused to attend hospital and injuries worsened
  • c was unable to claim his losses after refusal to attend hospital due to his refusal to mitigate losses
• injunctions

  • discretionary order for the defendant to stop doing something
  • if the person who had injunction placed on the fails to do what the court requires them to then they will in contempt of court - failure to comply within an order of civil court