damages + remedies + injunctions

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

remedies- aim of damages

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

special damages

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

• D must mitigate Cs losses

general damages

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

injunctions

an equitable remedy so is at the discretion of the court

prohibitory injunctions ​

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

  • Miller V Jackson

mandatory injunction

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