Remedies: Damages

[Flash Card 1 of 1]

The one action rule

• 1 set of facts / 1 action / damages for past present & future losses
• 3 exceptions: violation of 2 distinct & separate rights (Brunsden v Humphrey (1884)) / continuing tort / tort produces separate successive & distinct damage (in Negligence: each damage suffered)

Measuring damages

• restitutio in integrum / C restore position if tort not committed (Livingstone v Raywards Coal (1880))
• aim compensate C based on D's fault / C not profit / duty mitigate loss: all reasonable steps to minimise
• no damages after refused hospital (Marcroft v Scruttons [1954])

Classification of damages

• general damages: determined by court / strictly: presumed flow from torts actionable per se (without need to prove loss)
• special damages: can be precisely calculated at trial / strictly: C can prove as part of action (in Negligence: actual loss)
• nominal damages: awarded actionable per se / not in Negligence
• exemplary or punitive damages: punish D & deterrence / only if: statute expressly authorises / oppressive arbitrary or unconstitutional government action / D's conduct calculated to profit exceeding compensation (Rookes v Barnard [1964]) / reaffirmed for any cause of action (Kuddus v Leicestershire Constabulary [2001])
• libellous book / £25 000 exemplary: D cynical profit (Cassell v Broome [1972])
• not merely unconstitutional but an arbitrary exercise of executive power which was outrageous / exemplary awarded: punishment / deter / vindicate strength of the law (Muuse v Home Department [2010])
• aggravated damages: additional suffering incurred due D's ill-motivated actions / insults & humiliation (Thompson v Metropolitan Police Commissioner [1997])

bits of law