Ch 8 Notes

Question 1

Remedies are sought out in…

Answer 1

Statement of claim

Question 2

Remedies are awarded by + are outlined in…

Answer 2

Awarded by: Courts and trib
No single statute that sets out all available remedies - depends on nature of claim
(there is no more or less severe remedy like in crim sentencing)

Question 3

Purpose: Damages

Answer 3

Restore plaintiff as far as possible to position prior to wrong

Question 4

Aim: Compensatory Damages

Answer 4

Restore party whose rights have been infringed to position prior to breach - not always possible but can compensate

Question 5

Examples: Special, general, aggravated

Answer 5

Special: med expenses, wage loss, assets loss etc.
General: pain and suffering, loss of amenity
Aggravated: humiliation, embarrassment

Question 6

Aim: Exemplary Damages

Answer 6

Punish and deter def where conduct is malicious or in scornful disregard for plaint’s right
Is the only remedy that punishes BUT can not be award for defamation

Question 7

Aim: Nominal Damages

Answer 7

To uphold plaint’s rights without awarding any substantial damages

Question 8

Aim: Contemptuous Damages

Answer 8

To show contempt for the claim being made while admitting the plaint’s right o make the claim (rare)

Question 9

Restrictions on Damages

Answer 9

1. Personal injuries claims under Wrongs Act 1958 (VIC) = limited yearly to fixed amount by parl
2. Claims for non-econ are limit yearly to fixed amount by parl
3. Non-econ loss in DEFAM limit to $250,000

Question 10

Factors in Ability to Achieve Purpose: Compensatory

Answer 10

1. Whether was financial
2. Non-financial/permanent loss
3. Future loss
4. Sufficient evidence about non-econ loss
5. Damages paid
6. Other remedies/orders required
7. Caps on amounts awarded

Question 11

Factors in Ability to Achieve Purpose: Exemplary

Answer 11

1. Amount of exemplary
2. Ability to pay
3. Extent to which award of damages is known
4. Caps on amounts awarded

Question 12

Factors in Ability to Achieve Purpose: Nominal

Answer 12

1. Whether plaintiff suffered loss
2. Amount of damages
3. Costs incurred in initiating claim&raquo_space; loss of money

Question 13

Purpose: Injunctions

Answer 13

To rectify a situation caused by the person found to be in the wrong or prevent them from doing harm or further harm

Question 14

Injunctions can be either…

Answer 14

1. Interlocutory
2. Final

Question 15

Interlocutory Injunctions are…

Answer 15

Temporary that is award quick when urgent situation and injunct are need as soon as possible to avoid further harm

Question 16

Final Injunct are…

Answer 16

Permanent that is the “final say” on the matter unless appeal

Question 17

Purpose: Restrictive Injunct

Answer 17

To prevent harm or further harm from being caused to the plaintiff

Question 18

Most common Injunction

Answer 18

Restrictive Injunctions

Question 19

Purpose: Mandatory Injunctions

Answer 19

To require the defendant to take action to prevent further harm from being suffered by the plaint or remedy the situation

Question 20

Mandatory Injunct awarded if…

Answer 20

1. Court is satisfied that the def know what they have to do to fulfil court order
2. Plaint will suffer signif damage if not ordered

Question 21

Factors in Ability to Achieve Purpose: Restrictive Injunct

Answer 21

1. Whether def will comply
2. Whether harm already suffered
3. Whether restrictive alone is sufficient
4. Whether other orders required

Question 22

Factors in Ability to Achieve Purpose: Mandatory

Answer 22

1. Whether def will comply
2. Whether harm already suffered
3. Whether mandatory alone is sufficient
4. Whether other orders required