civil law remedies

Question 1

two types of remedies

Answer 1

1 damages: compensatory & punitive
2 injunction: prohibitory and madatory
-purpose of remedies is to restore injured party to position they were in before infringement

Question 2

damages

Answer 2

• purpose: restore person to position they were in prior
• damage: mandatory amount awarded to person when it is found that defendant has wronged them
• money cant really compensate non-mandatory losses
• nothing can be done if D can’t pay damages
• therefore damages dont always achieve main purpose

Question 3

compensatory damages

Answer 3

-aim to compensate-make claimant whole again

Question 4

specific damages (pecuniary) (money)

Answer 4

-damages that can be calculated eg wages

Question 5

general damages (non-pecuniary)(non money)

Answer 5

-damages that cant be calculated + r assessed based on wrong doing/long term consequences

Question 6

punitive damages

Answer 6

-awarded to punish wrong person who acted intentionally with gross negligence to harm the person
eg medical bills

Question 7

injunction

Answer 7

-injunction: court order that prohibits or demands action

Question 8

prohibitory injunction

Answer 8

prevents action.
eg prevent party from demolishing building
injunction maybe temp: interim injunction/ongoing/final

Question 9

mandatory injunction

Answer 9

-requires party to do something
eg demand formal apology
court may grant this if:
-applicant will suffer harm if not granted
-respondent will not incur expenditure which would be disproportionate to applicant harm

Question 10

quia timet injunction

Answer 10

no wrong has been committed yet but is anticipated

Question 11

freezing injunction

Answer 11

interim injunction made by court which prevents party from removing assets out of jurisdictions/or from dealing with these assets