damages + remedies + injunctions

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7 Terms

1
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damages- remoteness test

  • decides if C is entitled to damages​

  • factual causation

    • ‘but for’ Ds actions, would C have suffered loss

    • Barnett​

  • legal causation​

    • Reasonably foreseeable or too remote from breach?

      • Wagon Mound

    • D need not predict the precise way in which the injury/damage was caused

      • so long as injury/damage of the same kind was foreseeable

      • Hughes V Lord Advocate

2
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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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special damages

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

  • D must mitigate Cs losses

4
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general damages

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

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injunctions

an equitable remedy so is at the discretion of the court

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prohibitory injunctions ​

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

    • Miller V Jackson

7
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mandatory injunction

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