damages + remedies + injunctions

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7 Terms

1

damages- remoteness test

  • this decides if C is entitled to damages​

  • factual causation- ‘but for’- Barnett

  • legal causation​

    • Reasonably foreseeable or too remote?​- Wagon Mound

    • D need not predict the precise way in which the injury/damage was caused so long as it of the same kind was foreseeable- Hughes V Lord Advocate

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2

remedies- aim of damages

the aim is to put C in the position they would have been if the tort had not been committed

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3

special damages

  • these are damages that have a specific value and are claimed up to the date of trial

  • D must mitigate Cs losses

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4

general damages

these are damages that cannot be precisely calculated and are up to the judge to decide​

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5

injunctions

an equitable remedy so is at the discretion of the court

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6

prohibitory injunctions ​

  • Prevents the D from committing a tort or from continuing with it

    • Miller V Jackson

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7

mandatory injunction

an order to compel the D to act in a particular way​

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