Remedies in Tort Law
When a person suffers harm due to another's tortious conduct, the law provides remedies to restore them, as far as possible, to the position they were in before the tort occurred. The principal remedies in tort are compensatory damages and injunctions. This section covers these remedies, as well as the concepts of mitigation of loss and the basis of awarding damages.
Compensatory Damages
Definition: Compensatory damages are monetary awards intended to compensate the claimant for the loss or injury suffered due to the defendant’s tortious act. Their aim is to place the claimant in the position they would have been in had the tort not occurred.
There are two main types of compensatory damages:
- Special Damages: These are quantifiable financial losses incurred up to the date of trial (e.g., medical expenses, loss of earnings, property damage).
- General Damages: These cover non-quantifiable losses, such as pain and suffering, loss of amenity, and future loss of earnings.
The Basis of Damages
Damages in tort are generally awarded on a compensatory basis, not punitive. The key principle is restitutio in integrum, which means restoring the injured party to their original position, as if the wrong had not occurred. The courts calculate damages by considering both special and general damages, ensuring the compensation is fair and reasonable.
It should be noted that damages are not intended to punish the defendant (except in rare cases, such as exemplary damages), but rather to make good the claimant’s loss.
Mitigation of Loss
The Basic Concept: The claimant has a duty to take reasonable steps to minimise (mitigate) their losses following the tort. They cannot simply allow losses to accumulate and expect full compensation. If a claimant fails to mitigate their loss, any damages awarded may be reduced accordingly.
- For example, if a claimant is injured in an accident but refuses reasonable medical treatment, any additional losses resulting from that refusal may not be recoverable.
- The standard is one of reasonableness; the claimant does not have to take extraordinary measures or incur significant risk or expense.
Injunctions
The Basic Concept: An injunction is a court order requiring a party either to do something (mandatory injunction) or to refrain from doing something (prohibitory injunction). Injunctions are equitable remedies, granted at the discretion of the court when damages are inadequate as a remedy.
- Prohibitory Injunction: Most common; stops the defendant from continuing a wrongful act (e.g., preventing ongoing nuisance or trespass).
- Mandatory Injunction: Requires the defendant to take positive steps to remedy the situation (e.g., removing a structure built in breach of a neighbour’s rights).
- Injunctions may be interim (temporary) or final (permanent), depending on the stage of proceedings and the nature of the harm.
Courts will consider factors such as the adequacy of damages, the balance of convenience between the parties, and whether the claimant has acted equitably (the “clean hands” doctrine) before granting an injunction.
Summary Table
| Remedy | Purpose | Key Features |
| Compensatory Damages | To compensate for loss/injury | Special and general damages; based on actual loss; not punitive |
| Mitigation of Loss | To limit recoverable damages | Claimant must act reasonably to reduce loss |
| Injunctions | To prevent or require action | Prohibitory or mandatory; equitable remedy; discretionary |
Key Points to Remember
- Damages aim to compensate, not punish.
- Claimants must mitigate their loss.
- Injunctions are granted when damages are inadequate.
- Court discretion is central to equitable remedies like injunctions.
Understanding the remedies available in tort law is crucial for exam success in A-Level Law, as questions often require not only knowledge of the law but also the ability to apply principles of compensation, mitigation, and injunctions to real-life scenarios.
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