AQA A-Level Law 7162
The Nature of Law
The European Union and English Law
Legal Personnel and the Judiciary
Access to Justice and Funding
Parliamentary Law Making
Delegated Legislation
Statutory Interpretation
Judicial Precedent
Law Reform
The Civil Courts and Dispute Resolution
The Criminal Courts and Sentencing
Lay People: Magistrates and Juries
Criminal Law: Rules and Theory
General Elements of Liability
Fatal Offences Against the Person
Non-Fatal Offences Against the Person
Property Offences
Preliminary Offences
Criminal Defences
Tort: Rules and Theory
Negligence
Occupiers' Liability
Nuisance and Rylands v Fletcher
Vicarious Liability
Tort: Defences and Remedies
Contract: Rules and TheoryContract
Formation of a ContractContract
Contract TermsContract
Vitiating FactorsContract
Discharge of a ContractContract
Contract: RemediesContract
Human Rights: Rules and TheoryHuman rights
Human Rights in International and UK LawHuman rights
The European Convention ArticlesHuman rights
Restrictions and EnforcementHuman rights
Reform of Human Rights LawHuman rights
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.
What does the principle of mitigation of loss require of a claimant?
What is the balance of convenience in deciding whether to grant an injunction?
What is an injunction in tort law?
What claimant interest do courts consider when deciding whether to grant an injunction?
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
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
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
What financial losses relating to earnings can be recovered for physical injury?
Model answer
Lost earnings, both past and future.
- 4
Can medical expenses be recovered as damages for physical injury?
Model answer
Yes, reasonable medical expenses are recoverable.
- 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
What is a prohibitory injunction?
Model answer
An equitable remedy ordering the defendant to stop doing something.
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