remedy for compensatory damages

mitigating the loss is…

C is under a duty to keep the loss to a reasonable level eg property damage - replacing the item with a more expensive replacement - not allowed

what is a lump sum settlement?

a once-only-award - C cannot come back to court to say that he has exhausted the damages - UNFAIR if C whose condition in the future might worsen

what problems did the Damages Act 1996 try to resolve?

allows for structured settlement to be set ; allows parties who settle a claim to agree that all or part of the damages can be paid as periodical payments

what is the purpose of damages in tort law?

to place C into the same position as if the tort had not been committed as far as many can do so

what is pecuniary loss?

a loss that can be easily calculated in money terms ; will be awarded special damages, that are specifically up to date of the trial eg cost of repairing vehicle

what is non-pecuniary loss?

not wholly money based - pain + sufferings; loss of amenity; future loss of earnings

types of injunction

• an injunction can be ordered during the case - final order - perpetual injunction eg to disclose the documents

• a less common form of injunction could be a mandatory injunction

• injunctions will often be the main reason a nuisance case is brought, as the aim of taking the action is to stop the nuisance continuing

decision on injunctions in case…

Coventry v Lawrence - fewer inj can be expected to be granted - damages will become a more common alternative remedy

what can courts impose if there is a failure to follow a court order?

contempt of court - can order a punishment eg a fine or imprisonment for a max 2 years