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2 types of loss
Pecuniary loss
Non-Pecuniary loss
Pecuniary loss
Loss that can be easily calculated in money terms
Non-pecuniary loss
Not wholly money based e.g. pain and suffering
2 types of remedy
Compensatory damages
Induction
Compensatory damages
Successful claimants get compensation for there suffering and dang to people or property
Injunction
Order of the court to stop doing something, failure means it will be contempt of courts
2 types of damages
Special damages
General damages
Special damages
Amount which can be calculated specifically up to the date of trial or settlement
General damages
Usually looking forward from the trial or settlement, based on pecuniary loss and evidence
Mitigation of loss
Claimant is entitled to be compensated for their loss but at a reasonable level
Damages Act 1996
Allows parties to settle claim for all or part of the damages to be paid in periodical payments.
Annuity through a fincial company