REMEDIES IN TORT

Some brief comments

Damages

Note various types of damages available

• Compensatory damages

• Contemptuous damages

• Aggravated damages

• Exemplary damages

• Restitutionary damages

Quantum

• Note the complex rules for assessing damages.• Consider the various heads of damages and the

way in which they have developed• Note the different approaches to claims by a

living claimant, by the executors on behalf of the estate of a deceased claimant, and by the dependents of a deceased claimant in the case of fatal accidents

• Consider the rules relating to deductions from damages

• Use of multiplicand and multiplier

Injunctions

• Consider the purpose of the injunction and the appropriateness of this remedy

• Note the equitable nature of the remedy and the significance of this in decision making

Compare -

Remedies in contract and tort and consider which is more generous to claimants