Law Remedies: Nominal Damages and Contemptuous Damages

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What is the term referred to by Lord Scarman's statement in Lim Poh Choo v Camden & Islington Area Authority (1980)?

Compensatory damages

Restoration of claimant's original state

Aggravated damages

Restitutio in integrum (correct)

What is the purpose of awarding aggravated damages in a personal injury case?

To compensate the claimant for their losses

To punish the defendant for their malice or bad motivation

To alleviate injury suffered to the claimant's feelings (correct)

To restore the claimant to their original state

What is the challenge in assessing compensatory damages for future loss and suffering in a personal injury case?

Determining the defendant's motivation

Predicting the future with certainty (correct)

Calculating pecuniary losses

Awarding non-pecuniary damages

What is the difference between pecuniary and non-pecuniary loss in a personal injury case?

Pecuniary losses are easily calculable, while non-pecuniary losses are not Signup and view all the answers

What is the purpose of the 'multiplier' in calculating future loss of earnings in a personal injury case?

To represent the notional number of years the claimant has been prevented from working Signup and view all the answers

What is the challenge in calculating 'lost years' in a personal injury case?

Determining the loss of earnings for the years by which life is shortened Signup and view all the answers

What is the purpose of non-pecuniary damages in a personal injury case?

To compensate the claimant for the psychological effect of the injury Signup and view all the answers

What is the basis of assessing damages for injury in personal injury cases?

Based on a published tariff Signup and view all the answers

What is the difference between pain and suffering and loss of amenity in personal injury cases?

Pain and suffering is subjective, while loss of amenity is objective Signup and view all the answers

In the case of Wise v Kaye (1962), what was the key finding?

The plaintiff was not entitled to damages for pain and suffering since she remained unconscious Signup and view all the answers

In the case of H West & Son v Shephard (1964), what was the issue regarding the assessment of damages for loss of amenity?

Whether the plaintiff's loss of amenity should be assessed on an objective basis Signup and view all the answers

According to Lord Pearce in H West & Son v Shephard (1964), what is the approach to assessing damages for loss of amenity?

The court should approach the matter on the basis of the plaintiff's physical deprivation Signup and view all the answers

What is the limitation period for actions founded on tort?

Six years from the date of the accident Signup and view all the answers

According to Lord Morris in H West & Son v Shephard (1964), what is the court's concern when assessing damages?

The court's concern is to assess the damages on a correct basis Signup and view all the answers

What is the period applicable for personal injuries, except where subsection (5) below applies?

Three years from the date on which the cause of action accrued Signup and view all the answers

What is the defendant liable for when property is damaged, but not lost or destroyed?

The amount the property has been diminished in value Signup and view all the answers

What type of damages are recoverable in addition to compensatory damages?

Consequential damages Signup and view all the answers

What is the purpose of an injunction in tort law?

To either do something or to cease doing something Signup and view all the answers

When is an interim injunction typically granted?

When the tort is ongoing and the claimant urgently wants to prevent further damage Signup and view all the answers

What is the significance of the American Cyanamid v Ethicon (1975) case?

It set out the principles for granting an injunction Signup and view all the answers

In which type of case is an injunction particularly appropriate?

All of the above Signup and view all the answers

What is the relevance of Article 12(3)-(4) HRA 1998 in the context of injunctions?

It limits the use of injunctions in privacy cases Signup and view all the answers

What is the nature of equitable remedies in tort law?

They are always discretionary Signup and view all the answers

What is the purpose of awarding compensatory damages?

To put the claimant in the position they were originally in Signup and view all the answers

In what type of cases are nominal damages typically awarded?

Cases where there is no loss suffered Signup and view all the answers

What is the maximum amount of exemplary damages that can be awarded in cases of trespass to person and malicious prosecutions?

£50,000 Signup and view all the answers

What is the name of the case that set out the restricted situations where exemplary damages are appropriate?

Rookes v Barnard (1964) Signup and view all the answers

What is the purpose of awarding exemplary damages?

To punish the defendant and deter similar conduct Signup and view all the answers

In what type of cases are exemplary damages typically awarded in addition to compensatory damages?

Defamation cases where the conduct has been calculated to make a profit Signup and view all the answers

What is the name of the case that held that nominal damages can only be awarded in relation to torts which are actionable per se?

Watkins v Secretary of State for the Home Department (2006) Signup and view all the answers