Tort Law - Remedies

Many students often forget to include a section on remedies when answering a problem question on tort law but it is often an easy way to pick up marks and demonstrate understanding at the end of your essay.

Damages is the most common type of remedy in tort law and these can be considered by how much money the claimant gets.

Where a claimant has a case but the court considers the case should not have been brought they may only be awarded contemptuous damages as in Reynolds v Times Newspapers Ltd. [2001].

Similarly if a claimant has a case but they have not really suffered a loss they may only be awarded nominal damages as in Watkins v Home Office [2006].

The most common type of damages is compensatory damages and this is based on the Latin principle of restitutio in integrum or restoring the claimant back to the position as if the tort had never occurred.

Finally where the court wants to punish a defendant they can award punitive or exemplary damages. Since Rookes v Barnard [1964] this is limited to cases where (1) servants of the government have acted in an unconstitutional fashion; (2) a defendant has sought to make a profit from their tortious actions; and (3) where statute makes provision for such damages.

The actual amount of damages awarded can be split in two: pecuniary damages are where the amount can be quantified (e.g. loss of earnings or medical care) and non-pecuniary damages which cannot be quantified as they are based on pain, suffering and loss of amenity. The principles in H West & Son v Shepherd [1964] are what is applied in these circumstances.

Damages can be paid as a lump sum or, where more appropriate, as provisional and structured settlements.

Damages are not the only type of remedy as injunctions could also be awarded where more appropriate. Quia timet injunctions are occasionally awarded before the case is heard if there are concerns that the defendant will commit a tort before the case comes to court. Interim injunctions prevent the defendant acting during the course of the case. The most common category of injunction is a final injunction which can be awarded after the claimant has been successful in court. Injunctions can be mandatory (making the defendant do something) or prohibitory (stopping the defendant doing something).

Damages in lieu of an injunction can only be awarded if the conditions set out in Shelfer v City of London Electric Lighting Company [1895] are satisfied.

This video also finally considers limitations under the Limitation Act 1980 and also the Law Reform (Contributory Negligence) Act 1945.

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