9084 · 4.4.2
Remedies flashcards
Revision flashcards for Cambridge 9084 Remedies (syllabus 4.4.2). Flip, recall, then mark a real past-paper question.
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What is the purpose of damages in tort?
Primarily compensation, based on the principle of *restitutio in integrum*. The aim is to put the claimant in the financial position they would have been in 'but for' the tort. It is not to punish the defendant.
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Distinguish between special and general damages.
Special damages are quantifiable financial losses incurred up to the date of trial (e.g., medical bills, pre-trial lost wages). General damages are non-quantifiable losses assessed by the court (e.g., future loss of earnings, pain and suffering, loss of amenity).
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What is the 'multiplier/multiplicand' method used for?
To calculate future pecuniary loss, primarily future loss of earnings. The multiplicand is the claimant's net annual loss, and the multiplier is the number of years of loss, adjusted downwards using Ogden Tables to account for accelerated payment and life's contingencies.
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When will a court grant an injunction?
When damages are an inadequate remedy. As an equitable remedy, its award is at the court's discretion. It is typically used for ongoing or prospective torts like nuisance or trespass to prevent or stop the defendant's wrongful act.
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What are exemplary damages?
Also known as punitive damages, they are a rare type of non-compensatory award intended to punish the defendant for outrageous conduct. Their use is strictly limited by the categories set out in *Rookes v Barnard*.
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What is the duty to mitigate loss?
The claimant must take all reasonable steps to minimise their loss following the tort. The defendant has the burden of proving the claimant failed to do so. For example, by refusing reasonable medical treatment or not seeking alternative employment.
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What are periodical payments?
An alternative to a single lump sum, where damages for future loss (e.g., care costs) are paid annually. They provide financial security and can be indexed to inflation. Courts can order them under the Damages Act 1996.
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What is the 'discount rate' in damages calculation?
The rate used to adjust a lump sum award for future loss to account for the investment income the claimant can earn on it (accelerated receipt). It is set by the Lord Chancellor under the Damages Act 1996.
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What are the Ogden Tables?
Actuarial tables used by courts to calculate future losses in personal injury cases. They provide multipliers to convert a future annual loss into a present lump sum value, accounting for factors like age, gender, and mortality.
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What are aggravated damages?
A form of compensatory damages awarded where the claimant's injury has been aggravated by the manner in which the tort was committed, for example, due to malice or insult. They compensate for additional mental distress, not to punish the defendant.
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What are nominal damages?
A small sum of money awarded when a tort is actionable per se (e.g., trespass) and the claimant's legal right has been infringed, but they have suffered no substantial loss or damage.