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Tort: Rules and Theory

Damages and Injunctions in Tort

  • 6 things to know
  • Paper 2

Overview

Recall questions on compensatory damages for pain, lost earnings and medical costs, mitigation of loss, prohibitory and mandatory injunctions, the interests courts balance, and when damages are awarded instead of an injunction.

What you need to know

Answer each one before you reveal it.

Your recallNot started
Key term

What is the aim of compensatory damages in tort?

Key term

What does the principle of mitigation of loss require of a claimant?

Key term

What is the balance of convenience in deciding whether to grant an injunction?

Key term

What is an injunction in tort law?

Key term

What claimant interest do courts consider when deciding whether to grant an injunction?

Key term

How does public interest factor into the court's decision on granting an injunction?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    What is the aim of compensatory damages in tort?

    Model answer

    To put the claimant in the position they would have been in had the tort not occurred, so far as money can do so.

  2. 2

    What does compensation for pain, suffering and loss of amenity cover?

    Model answer

    Non-pecuniary losses including physical pain, mental suffering, and reduction in quality of life.

  3. 3

    What financial losses relating to earnings can be recovered for physical injury?

    Model answer

    Lost earnings, both past and future.

  4. 4

    Can medical expenses be recovered as damages for physical injury?

    Model answer

    Yes, reasonable medical expenses are recoverable.

  5. 5

    What does the principle of mitigation of loss require of a claimant?

    Model answer

    To take reasonable steps to minimise their losses; damages will not be awarded for losses that could reasonably have been avoided.

  6. 6

    What is a prohibitory injunction?

    Model answer

    An equitable remedy ordering the defendant to stop doing something.

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AThe defendant must have brought something onto their land.
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