Remedies in Tort | OCR A-Level Law (H418)
Remedies in Tort
- 46 questions
- 3 subtopics
- Component 2: Law making and the law of tort
- Component 2
What a successful claimant actually gets..
It covers compensatory damages, other types of damages and mitigation of loss and injunctions.
Sample questions from Remedies in Tort
Answer each one closed book first, then open the answer.
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Compensatory damages
Give two examples of losses that would be claimed as special damages.
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Lost earnings up to trial and medical expenses already incurred. -
Compensatory damages
What does the multiplier represent in the calculation of future loss of earnings?
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The number of years of expected loss. -
Other types of damages and mitigation of loss
What is the 'once-and-for-all' rule in tort damages?
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The claimant receives a single lump sum and cannot return to court if their condition worsens. -
Other types of damages and mitigation of loss
What is a periodical payments order?
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An order allowing damages for future pecuniary loss to be paid as regular instalments rather than a lump sum. -
Injunctions
What is a mandatory injunction?
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An order requiring the defendant to take positive action to remedy the effects of the tort. -
Injunctions
What is abatement in the context of nuisance?
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A self-help remedy allowing the claimant to take reasonable steps to remove the nuisance themselves.
The 3 subtopics
One subtopic is one session. Work down the list.
| Subtopic | What it covers | Questions |
|---|---|---|
| Compensatory damages | Recall questions on the aim of compensatory damages and restitutio in integrum, special and general damages, pain and suffering and loss of amenity, and the multiplicand and multiplier used to calculate future loss of earnings. | 14 |
| Other types of damages and mitigation of loss | Recall questions on contemptuous, nominal, aggravated and exemplary damages, the once-and-for-all rule, provisional damages and periodical payments orders, and the claimant's duty to mitigate loss and the consequence of failing to do so. | 17 |
| Injunctions | Recall questions on injunctions as a discretionary equitable remedy in tort, prohibitory, mandatory and interim injunctions, when a court may refuse one or award damages instead, their use in nuisance cases, and abatement as a self-help remedy. | 15 |
How the guide is worked
Answering a question from memory stores it far better than reading the answer again. The guide runs that as a fixed procedure on one subtopic at a time, about twenty minutes a session.
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Step 1 · Closed book
Cover the answers. Work through one subtopic and write down what you can. Leave blanks where you have nothing.
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Step 2 · Open book
Go back to the top. Read each printed answer and write it out in full, including the ones you had right.
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Step 3 · Closed book again
Same questions, same order, from memory. The gap between pass one and pass three is the session result.
Read the full method, the return schedule and the research behind it.
Nearby topics
OCR A-Level Law Active Recall Guide
Every topic, not just this one. 1,624 questions with their answers.