3.2.11 Damages and injunctions

Question 1

define injunctions

Answer 1

Injunctions a type of remedy requiring
a party to either perform a specific
action or prohibiting a party from
taking a particular action.

Question 2

what is the general purpose of remedies - word for word

Answer 2

“To restore the injured party, as far as possible, to the position they were in before the wrong occurred”

Question 3

two types of remedies

Answer 3

damages and injunctions

Question 4

define damages

Answer 4

An amount of money awarded to the plaintiff, to be paid by the defendant

Question 5

4 types of damages

Answer 5

Compensatory
* Nominal
* Contemptuous
* exemplary

Question 6

what’s the purpose of damages

Answer 6

The purpose of damages is to compensate the plaintiff for loss suffered, so as to return them to the position they were in before the defendant caused the harm

Question 7

types of losses include

Answer 7

financial
physical or mental
reputational

Question 8

purpose of exemplary damages

Answer 8

Purpose: to punish the defendant for an extreme infringement of rights and deter others from undertaking the same type of actions.

• where conduct was malicious or violent

Question 9

purpose of nominal damages

Answer 9

Purpose: To uphold the plaintiff’s rights without awarding any substantial amount of damages
- small amount of money Is usually paid

Question 10

purpose of contemptuous damages - have an idea

Answer 10

• Purpose: Small damages might be awarded to show contempt for the claim that is made, while admitting the plaintiff’s right to make the claim

Question 11

How does the nature of the loss affect the ability of compensatory damages to restore a plaintiff to their original position?

Answer 11

Financial Loss (e.g., lost property or wages) can be easily calculated, and compensatory damages can often restore the plaintiff to their original position.
Special damages, like medical expenses and loss of profits, are straightforward to quantify, making compensation simpler.
Pain, suffering, and emotional damages (e.g., mental anguish, disfigurement) are harder to quantify, making it more difficult for damages to fully restore the plaintiff to their pre-incident position.

Question 12

How do intangible losses like pain and suffering impact compensatory damages?

Answer 12

Intangible losses (e.g., mental anguish, permanent injury) cannot be fully restored with compensatory damages, as these cannot be undone.
Disfigurement and impairment are permanent and often have no precise monetary value, meaning damages are a form of compensation, not restoration.
In some cases, no amount of damages can truly restore the plaintiff to their previous state, only compensate them for their suffering.

Question 13

How does future loss affect the calculation of compensatory damages?

Answer 13

Future loss (e.g., loss of reputation or job prospects) is difficult to predict, making it challenging to determine the appropriate amount of compensation.
Unquantifiable losses, like potential future earnings, may be hard to assess accurately, affecting the fairness of the damages awarded.
Future loss of earning capacity is an example of loss that is difficult to calculate, especially when the plaintiff’s long-term financial prospects are unclear.

Question 14

How does evidence influence the ability of damages to achieve their purpose?

Answer 14

Sufficient evidence about the nature and extent of losses (e.g., medical records or testimony about impairments) is required for the court to calculate damages accurately.
Without proper evidence, such as lost earnings or details of impairment, the damages awarded may not be accurate or reflective of the true loss.
In cases where the plaintiff is unrepresented or lacks understanding of processes, the court may not have all the evidence necessary to award fair compensatory damages.

Question 15

How does the failure to pay damages affect the purpose of compensatory damages?

Answer 15

Non-payment of damages, such as if the defendant is bankrupt or unreachable, prevents the plaintiff from being restored to their original position.
Payment of damages is crucial; if the defendant cannot pay, the plaintiff does not receive the compensation they are entitled to.
The inability to collect damages can result in injustice, as the intended purpose of compensating the plaintiff is not met.

Question 16

How might other orders or remedies be necessary to fully compensate the plaintiff?

Answer 16

Damages alone may not address additional costs or interests, which could require separate orders (e.g., an order for costs or interest to be paid).
Other remedies, such as an injunction, may be required to prevent further harm from occurring, ensuring a more comprehensive resolution.
In some cases, additional remedies are necessary to fully address the harm done and support the original purpose of compensatory damages.

Question 17

How do caps or limits on damages affect their ability to achieve their purpose?

Answer 17

Caps on damages (e.g., under the Wrongs Act) may limit the amount a plaintiff can receive, even if their losses exceed the cap.
Limits on compensation could restrict the ability of damages to fully restore a plaintiff to their original position, especially in cases of serious or complex injury.
While caps can provide predictability, they may undermine the fairness of the compensation awarded when they are lower than the actual losses suffered.

Question 18

How does the amount of exemplary damages impact their ability to punish and deter the defendant?

Answer 18

If the amount of exemplary damages is small, it may not be enough to punish the defendant or deter others from committing similar acts.
A higher amount of exemplary damages is more likely to have the intended punitive effect and serve as a deterrent to others.
The size of the award plays a key role in achieving the purpose of punishment and deterrence.

Question 19

How does the defendant’s ability to pay affect exemplary damages?

Answer 19

The defendant’s financial ability to pay is crucial in determining whether exemplary damages can be effective.
If the defendant has little money, they may not be able to pay the awarded amount, meaning the punitive effect is lost.
On the other hand, if the defendant has substantial resources, the damages may not feel as much like a punishment.
The effectiveness of exemplary damages is largely dependent on the defendant’s ability to pay.

Question 20

How does public awareness of the award of exemplary damages influence their deterrent effect?

Answer 20

To effectively deter others, the award of exemplary damages must be made public so that others are aware of the consequences.
Without public knowledge, the impact of exemplary damages on deterrence may be diminished.
Publicizing the damages ensures that others are aware of the consequences of similar wrongful actions.

Question 21

How do caps or limits on exemplary damages affect their ability to achieve their purpose?

Answer 21

Caps or limits on exemplary damages (e.g., in defamation laws) can restrict the ability of these damages to effectively punish or deter.
If there are caps on the maximum amount of exemplary damages that can be awarded, it may limit the effectiveness of this remedy in achieving its punitive purpose.
Limits may reduce the deterrent effect if the award is insufficient in the context of the defendant’s actions.

Question 22

How does the actual loss suffered by the plaintiff affect nominal damages?

Answer 22

Nominal damages are typically awarded to uphold the plaintiff’s rights without compensating them for actual loss.
However, if the plaintiff did suffer loss, but there is no evidence to support it, nominal damages may fail to fully uphold the plaintiff’s rights.
Nominal damages are intended to acknowledge the plaintiff’s rights but do not compensate for the loss unless the court is convinced of the loss.

Question 23

How does the amount of nominal damages affect their perceived value in upholding the plaintiff’s rights?

Answer 23

if the amount of nominal damages is too small, the general public or even the plaintiff may not perceive them as properly upholding the plaintiff’s rights.
Small nominal damages may undermine the seriousness of the plaintiff’s claim and fail to make an adequate statement about the violation of rights.
The perceived value of nominal damages relies on ensuring the amount is seen as respecting the plaintiff’s rights.

Question 24

How do the plaintiff’s costs affect the effectiveness of nominal damages?

Answer 24

Nominal damages are often insufficient to cover the costs incurred by the plaintiff to initiate and conduct the civil claim.
The plaintiff may have spent significant resources on legal fees and court costs that cannot be compensated through nominal damages.
This means that while nominal damages uphold the plaintiff’s rights, they may also result in an additional financial burden on the plaintiff due to the costs of pursuing the case.

Question 25

what's the purpose of injunctions

Answer 25

Purpose: to rectify a situation caused by the person who was found to be in the wrong

Question 26

what are types of injunctions (2)

Answer 26

Restrictive/prohibitive: ordering a person to refrain from undertaking an action (such as demolishing a building) > TO NOT DO SOMETHING * Mandatory: ordering a person to do a particular act (such as performing their part of a breached contract). >> TO DO SOMETHING

Question 27

what's a temporary injunction

Answer 27

Interlocutory:

Question 28

what's a permenante injunction

Answer 28

final

Question 29

what's the purpose of mandatory injunctions

Answer 29

* Purpose of mandatory injunctions: to prevent further harm, from being caused to the plaintiff

Question 30

what's the purpose of restrictive injunctions

Answer 30

Purpose of restrictive injunctions: the restricted actions will prevent further harm from being suffered by the plaintiff, or to remedy the situation caused by the defendant not taking certain actions

Question 31

How does the defendant's compliance with the injunction affect its ability to prevent harm?

Answer 31

The defendant's willingness to comply with the restrictive injunction is crucial. If the defendant does not comply, the injunction will not prevent the further harm that the plaintiff is experiencing. For example, if a court orders the defendant to remove defamatory posts, but they ignore the order, the plaintiff may continue to suffer harm. Non-compliance can make the injunction ineffective in achieving its intended purpose of preventing further harm.

Question 32

How does the harm already suffered by the plaintiff affect the effectiveness of a restrictive injunction?

Answer 32

A restrictive injunction can prevent future harm, but it may not address harm that has already occurred. If the plaintiff has already suffered loss or damage before the injunction is issued, the injunction alone may not be enough to resolve the issue. In such cases, damages may also be required to compensate for the harm that has already been done. A restrictive injunction primarily works to stop further harm but does not provide compensation for previous damage.

Question 33

Is a restrictive injunction alone always sufficient to address the harm?

Answer 33

In some cases, a restrictive injunction may not be sufficient to address the full scope of the harm. For example, if a defendant has posted defamatory information online, a restrictive injunction may prevent them from posting further. However, a mandatory injunction may also be needed to remove the defamatory posts that are already online. Restrictive injunctions can be effective at stopping future harm, but they may need to be combined with other remedies (like a mandatory injunction) to fully address the issue.

Question 34

What additional orders may be required alongside a restrictive injunction?

Answer 34

Restrictive injunctions focus on preventing future actions, but they do not address the costs, stress, and inconvenience associated with the plaintiff's situation. In some cases, additional remedies such as damages or orders for costs may be required to fully address the harm suffered. Injunctions can help stop further harm, but they may not resolve all aspects of the plaintiff’s suffering, such as financial burden or emotional distress.

Question 35

How does the defendant's compliance with the mandatory injunction affect its effectiveness?

Answer 35

The defendant’s willingness to comply with the order is crucial for the success of the mandatory injunction. If the defendant ignores the order, they will not take the necessary steps, and the harm will continue or not be remedied. Alternatively, if the defendant only partially complies (e.g., taking some steps but not all), the full remedy may not be achieved. The injunction's ability to fully resolve the situation depends on the defendant’s complete compliance with the court’s order.

Question 36

How does the harm already suffered by the plaintiff affect the effectiveness of a mandatory injunction?

Answer 36

A mandatory injunction can prevent future harm or remedy an existing situation, but it may not address harm already suffered. If the plaintiff has already suffered loss or damage (e.g., financial or emotional), the injunction does not compensate for that harm. In such cases, damages may be required in addition to the injunction to provide full remedy for the harm caused.

Question 37

Is a mandatory injunction alone always sufficient to remedy the situation?

Answer 37

A mandatory injunction can compel the defendant to take certain actions, but it may not always be enough on its own. In some situations, a restrictive injunction may also be necessary. For example, if the defendant is ordered to sign and hand over a document, they may also need to be restrained from taking further steps (a restrictive injunction). Mandatory injunctions may need to be combined with other injunctions to fully remedy the situation and prevent further harm.

Question 38

What additional orders may be required alongside a mandatory injunction?

Answer 38

Mandatory injunctions do not address the costs, stress, and inconvenience involved in taking the action. Additional remedies such as damages or orders for costs may be required to fully address the harm that the plaintiff has suffered. While the injunction compels the defendant to act, it may not fully compensate for the emotional or financial costs of the plaintiff’s situation. As a result, the plaintiff may still need further remedies to achieve a complete resolution.