remedies
A remedy is something that a judge can award when the claimant wins their case. The idea behind a remedy is that it is something that makes the loss or injury better.
Damages
A remedy is granted to a successful claimant to put them back into the position they were in before the tort was committed.
Remember 'damage' is what a claimant suffers - 'damages' is what the courts award to a claimant to try and 'cure' what they have lost.
There are two types of loss that a claimant can suffer; pecuniary loss and non-pecuniary loss
Damages are separated into two types; Special Damages and General Damages
A remedy is granted to a successful claimant to put them back into the position they were in before the tort was committed.
Remember 'damage' is what a claimant suffers - 'damages' is what the courts award to a claimant to try and 'cure' what they have lost.
There are two types of loss that a claimant can suffer; pecuniary loss and non-pecuniary loss
Damages are separated into two types; Special Damages and General Damages
- Special Damages are awarded for pecuniary loss
- General Damages are awarded for non-pecuniary loss.
- Pecuniary loss is a type of loss suffered that can easily have a figure attached to it - loss of earnings, property damage; something that can be calculated into an exact figure.
- Non-pecuniary loss is something that cannot be easily calculated as we cannot determine the value because it is so subjective - pain and suffering, loss of future earnings; it is very difficult to determine how much these things could be worth and how long they could go on for.
Injunctions