Active learning ideas
Remedies are the final stage of a tort claim, focusing on how the law 'makes good' the harm suffered by the claimant. This topic covers compensatory damages, which aim to put the claimant back in the position they would have been in had the tort not occurred (restitutio in integrum). Students learn to distinguish between special damages (calculable financial losses) and general damages (non-financial losses like pain and suffering).
Activity 01
Provide groups with a 'claim file' for a personal injury case, including medical reports and receipts. Students must categorize each loss as 'special' or 'general' and use a simplified version of the Judicial College Guidelines to calculate a final award.
What is the aim of compensatory damages in tort?
Activity 02
In pairs, one student acts as the claimant's solicitor and the other as the insurance company's lawyer. They must negotiate a settlement for a negligence claim, justifying their figures based on the principles of mitigation and remoteness.
How are special and general damages calculated?
Activity 03
Present a scenario of a noisy factory next to a new housing estate. Students discuss in pairs whether the court should grant an injunction (closing the factory) or award damages to the residents, considering the impact on jobs and property rights.
Under what circumstances will a court grant an injunction?
A few notes on teaching this unit
Watch Out for These Misconceptions
Damages are meant to punish the defendant.
In most tort cases, damages are purely compensatory, not punitive. A 'purpose of remedies' discussion helps students understand that the focus is on the claimant's loss, not the defendant's 'badness'.
You can claim for any loss, no matter how much you ignored it.
Claimants have a 'duty to mitigate' their loss, meaning they must take reasonable steps to keep the cost down (e.g., seeking medical help). A 'mitigation check' activity helps students identify where a claimant's award might be reduced.
Methods used in this brief
The Rules of Negligence
Students learn to establish liability in negligence by proving a duty of care, breach of duty, and resulting damage. They will apply the Caparo test and principles of causation.
8 methodologies
Occupiers' Liability
An examination of the liability of occupiers for injuries sustained on their premises. Students will compare the Occupiers' Liability Acts of 1957 and 1984.
8 methodologies