What are contemptuous damages?

A minimal award indicating that although the claimant technically won, the court disapproves of bringing the action.

What message does an award of contemptuous damages send?

That the court considers the claim should not have been brought, despite the claimant technically succeeding.

What are exemplary damages?

Punitive awards designed to punish the defendant rather than compensate the claimant, available only in limited categories.

What is the key distinction between compensatory damages and exemplary damages?

Compensatory damages aim to restore the claimant to their pre-tort position, whereas exemplary damages aim to punish the defendant and deter similar conduct.

What is the 'once-and-for-all' rule in tort damages?

The claimant receives a single lump sum and cannot return to court if their condition worsens.

OCR A-Level Law H418

Civil Courts and Other Forms of Dispute Resolution

Topic overview Civil courts: jurisdiction, procedure and appeals Employment tribunals and alternative dispute resolution

Criminal Courts and Lay People

Topic overview The criminal process and classification of offences Appeals and appellate courts Sentencing and the powers of the courts Lay magistrates Juries: selection, role and evaluation

Legal Personnel

Topic overview Barristers, solicitors and legal executives The judiciary and its role Separation of powers and judicial independence Evaluating the judiciary and its independence

Access to Justice

Topic overview Government funding of civil and criminal cases Private funding and advice agencies Evaluating access to justice

Rules and Theory of Criminal Law

Topic overview The rules of criminal law Theories of criminal law

General Elements of Criminal Liability

Topic overview Actus reus: acts, omissions and states of affairs Causation in criminal law Conduct and consequence crimes, strict liability and transferred malice

Fatal Offences Against the Person

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Non-Fatal Offences Against the Person

Topic overview Common assault and the offence of assault Battery and section 39 Actual bodily harm, wounding and grievous bodily harm Defences and evaluating non-fatal offences

Offences Against Property

Topic overview Theft Robbery Burglary

Mental Capacity Defences

Topic overview Insanity and automatism Intoxication

General Defences

Topic overview Self-defence, duress and necessity Consent as a defence

Preliminary Offences

Topic overview Attempts Impossibility and attempt

Evaluation in Criminal Law

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Parliamentary Law Making

Topic overview The legislative process and Green and White Papers Evaluating parliamentary law making

Delegated Legislation

Topic overview Types of delegated legislation Parliamentary and judicial control of delegated legislation Advantages and disadvantages of delegated legislation

Statutory Interpretation

Topic overview Statutory interpretation and intrinsic aids The literal, golden and mischief rules The purposive approach and evaluating statutory interpretation Extrinsic aids and the Human Rights Act 1998

Judicial Precedent

Topic overview The doctrine of precedent The hierarchy of the courts Binding, persuasive and avoiding precedent

Law Reform

Topic overview The Law Commission and law reform Influences on Parliament

European Union Law

Topic overview Institutions of the European Union Sources of European Union law and direct effect The impact of European Union law on English law

Rules and Theory of Tort

Topic overview The rules and theory of tort

Liability in Negligence

Topic overview Duty of care and causation in negligence Breach of duty Economic loss, psychiatric injury and defective products

Occupiers’ Liability

Topic overview Occupiers' liability to visitors and trespassers

Torts Connected to Land

Topic overview Private nuisance Rylands v Fletcher

Vicarious Liability

Topic overview The nature and purpose of vicarious liability Liability for employees and independent contractors

Defences

Topic overview Defences in tort

Remedies in Tort

Topic overview Compensatory damages Other types of damages and mitigation of loss Injunctions

Evaluation in Tort

Topic overview Evaluating negligence and occupiers' liability

Introduction to the Nature of Law

Topic overview Law, rules and the rule of law Civil and criminal law and the development of English law

Law and Morality

Topic overview Law and morals: legal theory, pluralism and the Devlin-Hart debate

Law and Justice

Topic overview The meaning and theories of justice and how far the law achieves it

Law and Society

Topic overview The role of law in society, social control and moral panic Consensus, conflict, labelling and realist theories of law

Rules and Theory of Human RightsHuman rights

Topic overview The rules and theory of human rights

Protection of the Individual’s Human Rights and Freedoms in the UKHuman rights

Topic overview The European Convention and its history The Human Rights Act 1998 and its impact

Key Provisions of the European Convention on Human RightsHuman rights

Topic overview Articles 5 and 6: liberty and a fair trial Articles 8, 10 and 11: private life, expression and assembly Restricting qualified rights: prescribed by law, legitimate aims and necessity

Human Rights and English LawHuman rights

Topic overview Public order offences and trespass to land Interception of communications and police powers Defamation and obscenity Breach of confidence and harassment

Enforcement of Human Rights LawHuman rights

Topic overview The role of the domestic courts Judicial review The European Court of Human Rights

Evaluation in Human RightsHuman rights

Topic overview Evaluating human rights protection in the UK

Rules and Theory of ContractContract

Topic overview The rules and theory of contract

FormationContract

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TermsContract

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Vitiating FactorsContract

Topic overview Economic duress Misrepresentation

DischargeContract

Topic overview Discharge by frustration Discharge by performance and breach

Remedies in ContractContract

Topic overview Damages and other contract remedies

Evaluation in ContractContract

Topic overview Evaluating the law of contract

Remedies in Tort

Other types of damages and mitigation of loss

1 thing to know
Component 2

Overview

Recall 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.

What you need to know

Answer each one before you reveal it.

Your recallNot started

Key term

When may aggravated damages be awarded?

Questions from this subtopic

Each one with the model answer underneath.

1
What are contemptuous damages?
Model answer
A minimal award indicating that although the claimant technically won, the court disapproves of bringing the action.
2
What message does an award of contemptuous damages send?
Model answer
That the court considers the claim should not have been brought, despite the claimant technically succeeding.
3
When may aggravated damages be awarded?
Model answer
Where the defendant's conduct has caused additional injury to the claimant's feelings or dignity.
4
What are exemplary damages?
Model answer
Punitive awards designed to punish the defendant rather than compensate the claimant, available only in limited categories.
5
What is the key distinction between compensatory damages and exemplary damages?
Model answer
Compensatory damages aim to restore the claimant to their pre-tort position, whereas exemplary damages aim to punish the defendant and deter similar conduct.
6
What is the 'once-and-for-all' rule in tort damages?
Model answer
The claimant receives a single lump sum and cannot return to court if their condition worsens.

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Civil Courts and Other Forms of Dispute Resolution

Criminal Courts and Lay People

Legal Personnel

Access to Justice

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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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