Appropriateness of damages and injunctions

Question 1

Appropriateness of compensatory damages

Answer 1

*whether the loss suffered was financial only, if the loss suffered is financial only it is easily calculated and plaintiff may be able to be restored to their original position

*Whether the damages can actually be paid, if the damages are not paid then they will not have returned the plaintiff to their original position

Question 2

Appropriateness of exemplary damages

Answer 2

*The amount of exemplary damages. If the amount of exemplary damages is small, it may not be sufficient enough to punish the defendant or act as a deterrent. if the amount is high it is more likely to punish
*The extent to which the award of damages is known, to deter others, the award of exemplary damages must be known to other people, this means it must be publicised in some way

Question 3

Nominal damages

Answer 3

*Whether the plaintiff suffered loss. If the plaintiff did in fact suffer loss, but there was no evidence of that loss, or the court was not convinced there was a loss the plaintiffs rights may not be upheld

*the amount of the damages. If the amount is too small, some people may not view the damages as upholding the plaintiffs rights