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Remedies in Tort

Compensatory damages

  • 5 things to know
  • Component 2

Overview

Recall 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.

What you need to know

Answer each one before you reveal it.

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Key term

What are general damages in tort?

Key term

Define loss of amenity as a head of damages.

Key term

What is the primary remedy available in tort law?

Key term

What is the multiplicand when calculating future loss of earnings?

Key term

What does 'pain and suffering' compensate for in a tort claim?

Questions from this subtopic

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.

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AThe injury to the claimant's rights is small.
BThe injury is capable of being estimated in money.
CThe injury can be adequately compensated by a small payment.

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