Tort law Damages remedies

Restitution in integrum

Restoration to original condition after a tort.

Pecuniary Loss

Financial losses with clear calculable value.

Non-pecuniary Loss

Subjective losses without direct financial value.

Heads of damages

Categories under which compensation is claimed.

Special damages

Compensation for specific financial losses before trial.

General damages

Compensation for future losses or non-financial harm.

Wagon Mound (1961)

Case defining foreseeable losses in tort law.

Multiplicand

Claimant's salary or expected earnings for loss calculation.

Multiplier

Duration claimant is expected to suffer loss.

Lump sum

One-off payment covering all past and future losses.

Settlement Agreements

Damages paid in installments over time.

Fatal Accidents Act 1976

Allows dependants to claim for loss of support.

Bereavement award

Fixed compensation for emotional suffering from death.

Duty to mitigate loss

Claimant's obligation to reduce their losses.

Emotional distress

Psychological suffering due to another's wrongful act.

Loss of enjoyment of life (amenity)

Compensation for reduced quality of life.

Funeral expenses

Costs recoverable if paid by claimant after death.

Claimants

Individuals seeking compensation for losses incurred.

Defendant's liability

Legal responsibility of the defendant for damages.

Regular payments

Scheduled compensation installments for ongoing losses.

Upfront lump sum

Initial payment made at the start of settlement.

Claiming dependants

Individuals financially reliant on deceased at time of death.