Remedies in Tort

What Remedies in Tort covers

What a successful claimant actually gets.

The 3 subtopics

Each one has its own page.

• Compensatory damagesRecall questions on the aim of compensatory damages and restitutio in integrum, special and general damages, pain and suffering and loss of amenity, and the multiplicand and multiplier used to calculate future loss of earnings.Open →
• Other types of damages and mitigation of lossRecall questions on contemptuous, nominal, aggravated and exemplary damages, the once-and-for-all rule, provisional damages and periodical payments orders, and the claimant's duty to mitigate loss and the consequence of failing to do so.Open →
• InjunctionsRecall questions on injunctions as a discretionary equitable remedy in tort, prohibitory, mandatory and interim injunctions, when a court may refuse one or award damages instead, their use in nuisance cases, and abatement as a self-help remedy.Open →

What you need to know

Answer each one before you reveal it.

Take Remedies in Tort further

The same content, four other ways.

Commonly confused

Pairs that lose marks when they are blurred together.

• Compensatory damages vs Exemplary damages

  Compensatory damages: damages restoring the claimant to the position they would have been in. Exemplary damages: damages awarded to punish the defendant's conduct.

• Special damages vs General damages

  Special damages: losses calculable precisely up to the date of trial. General damages: losses the court must assess, such as pain and suffering.

• Pecuniary loss vs Non-pecuniary loss

  Pecuniary loss: a loss with a direct money value, such as lost earnings. Non-pecuniary loss: a loss without one, such as loss of amenity.

Questions from this topic

Each one with the model answer underneath.

1. 1

   What is the aim of compensatory damages in tort?

   Model answer

   Compensatory damages aim to put the claimant in the position they would have been in had the tort not occurred.

2. 2

   What is the primary remedy available in tort law?

   Model answer

   Compensatory damages, which aim to restore the claimant to the position they would have been in had the tort not occurred.

3. 3

   What does the Latin term 'restitutio in integrum' mean in the context of tort damages?

   Model answer

   Full restoration to the pre-tort position, as far as money can achieve.

4. 4

   What are special damages in tort?

   Model answer

   Compensation for quantifiable financial losses that can be precisely calculated, such as lost earnings and medical expenses incurred up to the date of trial.

5. 5

   Give two examples of losses that would be claimed as special damages.

   Model answer

   Lost earnings up to trial and medical expenses already incurred.

6. 6

   What are general damages in tort?

   Model answer

   Compensation for losses that cannot be precisely calculated at trial: non-pecuniary losses such as pain and suffering and loss of amenity, and future pecuniary losses such as future earnings.

What is inside Levo

Six ways to work the same material.

Remedies in Tort revision questions

What does Remedies in Tort cover in OCR A-Level Law?

3 subtopics: compensatory damages, other types of damages and mitigation of loss and injunctions. Each one has its own page with questions and model answers.

How is Remedies in Tort organised?

By the OCR H418 specification, subtopic by subtopic, so it matches the order you are taught it in.