Chapter 17 Key facts checklists

Remedies and principles of compensation

●    The main remedies in tort are damages and injunctions.

●    Damages are compensatory and are intended to restore to the claimant what he has lost.

●    Compensatory damages are divided into pecuniary and non-pecuniary damages. They are usually awarded as a lump sum.

●    Tort actions (except for defamation) can survive the death of either the claimant or the defendant. The relevant statute is the Law Reform (Miscellaneous Provisions) Act 1934.

●    Dependants have a right to sue in the case of a death when they have lost support from the victim. The relevant statute is the Fatal Accidents Act 1976.