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tort scenarios
remedies
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Created by
Eve Powlesland
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Cards (16)
define
solution
to the
legal
problem
damages
aim to put injured party back in position they would have been had the tort not been commited
general
special
nominal
contemptuous
aggravated
exemplary
general damages
cannot be
calculated
before the trial so the court calculate them e.g loss of
future
earnings
special
damages
can be
calculated
at the time of trial e.g loss of
earnings
nominal damages
when there has been little or
no harm
so court wishes a very small amount as does not require
proof
of damage
contemptuous damages
when level of harm has been
low
and court believes an action should not have been taken so can be as low as
one pence
aggravated damages
awarded over and above that needed
to
put the claimant back in the position they
would have been
additional money as
the
initial harm was made worse due to an aggravating factor
exemplary damages
purpose is to
punish
the defendant
only awarded in
3
circumstances
depressive
, arbitrary or
unconstitutional
action by servants of the gov
where d's conduct was calculated to make a
profit
where
statute
authorises
injunctions
court order that requires the defendant to behave in a certain way
prohibitory or
mandatory
injunctions
prohibitory injunctions
instruct the defendant to not
behave
in a certain way to stop them committing the
tort
mandatory injunctions
instruct the defendant to take an action to rectify the situation created by the tort
rarely
granted
special conditions
e.g redland bricks ltd v morris
quia timet injunction
obtained
prior to the commission of a
tort
"because he
fears
"
fletcher
v
bailey
interim or interlocutory injunction
once an action has begun but before the main court
hearing
conditions e.g
american cyanamid
v
ethicon
must be a
serious issue
to be tried and balance of convenience must favour granting of the
injunction
injunctions
as an equitable remedy
one who seeks
equity
must do
equity
equity
does nothing in vain
delay
defeats
equity
pecuniary
damages
future
loss of
earnings
non-pecuniary damages
pain
and
suffering
loss of amenity
damages for the injury itself