CHAPTER 5 PART 2 Flashcards
(24 cards)
CAV (CONSUMER AFFAIRS VICTORIA) ?
rather than using courts individuals can use CAV:
- is a civil complain body that aims for Victorians to be able to exercise their consumer rights
- and ensure businesses and rental providers do the right thing (ensure they cannot take advantage of consumers)
PURPOSES OF CAV?
help victorians be responsible and informed traders and consumers
provide free advice to those who feel wronged or seek reolution on tehir behalf
CAV also uses conciliation services to help individuals resolv their dispute
APPROPRIATENESS OF CAV/
appropriate when:
- if the dispute is likely to settle
- if the disput is within jurisdiction
not appropriate when:
- there is a better way o resolve the dispute
- one party in unwilling to participate in concilliation
VCAT (VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNUAL)?
rather than using courts individuals can use VCAT:
a dispute reolution method body that is made up of: presdient, member and viceprezow
- has the power to hear and determine certain cases of civil and administrative disputes
VCAT PURPOSES:
aims to provide Victorians with low costs. accessible, efficient and independent tribunal that delivers high quality dispute reolution
low costs: fees are very low, many disputes dont require legal representation
efficient: hearings are short and resolved quickly
accessible: low cost desgned to ensure everyone can access
APPROPRIATENESS FOR VCAT?
appropriate when:
- if the disput is within jurisdiction
- parties are unable to solve another way
not appropriate when:
- dispute/case is outside their jurisdiction (defamation case, class actions etc )
- willing to negotiate
WHAT IS THE COURT?
a legal institution that is concerned with the interpretation and application of laws, in order to make legal decisions
- courts are arranged in an hierachy
PURPOSE OF COURTS:
interpret and apply laws
- provide access to trial by jury: Jurors, if used, can encourage a fair outcome that reflects the views and values of a cross-section of society
- provide a legally binding outcome: unlike other dispute resolution, This means the outcomeof the case is legally enforceable if a party fails to comply withthe remedy ordered
APPROPRIATENESS OF COURTS:
appropriate when:
- the two parties involved in the civil dispute are unable to come up with a resolution on tehir own via resolution dispute method
- involves complex matters
not appropriate when:
- contains minor civil case
- the two parties havent attempted to resolve themsleves
THE IMPACT OF COSTS DURING A CIVIL DISPUTE:
there are many costs to consider before initiating a civil claim which can be overwhelming or prevent seeking resolution
- this also include
- loss of income due to unable to work during court appearances
THE IMPACT OF TIME DURING A CIVIL DISPUTE:
there are often delays in the resolution of dispute of civil dispute which can discourage or prevent people/businesses from pursuing their claim.
the duration of a case from initiating a civil action until it’s resolved.
- in a complex case a decison may be reached for even longer than months
DAMAGES AS A REMEDY:
damages is a type of remedy that are a monetary compensation awarded to the plaintiff as compensation for suffering a civil wrong
compensatory damages broen into 3:
specific, general and aggravated
DIFFERENT TYPES OF DAMAGES: compensatory
SPECIFIC: have a precise value, and is easily quantifiable, the amount can be calculated for e.g. medical expenses or loss of earnings a sa reult of not working
GENERAL: anything that cannot be quantifiable
AGGRAVATED: damages to make up for humiliation or insult
SPECIFIC DAMAGES (COMPENSATORY)
have a precise value, and is easily quantifiable, the amount can be calculated for e.g. medical expenses or loss of earnings a sa reult of not working
GENERAL DAMAGES (COMPENSATORY)
do not have a precise value, not quantifiable, awarded to the plaintiff is suffered general pain or suffering
for e.g. loss of quality of life, inabilit to walk
AGGRAVATED DAMGES (COMPENSATORY)
aim to compensate the paintiff for humiliation or insult
for e.g. In cases where a patient
receives substandard
medical care and is subject
to ridicule or disgrace by
the medical staff, they may
be entitled to compensation
for the humiliation and
emotional distress caused.
EXEMPLARY, NOMINAL DAMAGES AND CONTEMPTUOUS ?
exemplary damages: damages that aim to punish the defendent and are usually large/monetary amount of cmpensation/mony
nominal damages: a small monetary amount awarded to show the plaintiff has suffered a civil breach
contemptuous a small monetary amount awarded to
acknowledge that the plaintiff had a
legal right but not a moral right to the
claim brought before the court, and
therefore should not be compensated.
WHAT IS INJUNCTION AS A REMEDY? (and the types)
injunction is a type of remedy requiring a party to ether perform a specific action or prohibit a party from taking a certain action
4 types: mandatory, restrictive, interlocutary and final injunction
MANDATORY AND RESTRICTIVE INJUNCTION:
mandatory: forces a party to do something
e.g. orderng a party to demolish a wall
restrictive: prevents a party from doing something
e.g. preventing a property from being sold
INTERLOCUTARY INJUNCTION:
lasts for a short time and is often awarded to urgent circumstances
e.g. Preventing the demolition of a house for a short period
FINAL INJUNCTION:
permanent injunction that is ongoing
e.g. preventing a publisher from printing a defamatory book
PURPOSES OF INJUNCTION?
- restore the plaintiff back to its original position
- uphold the rights of the plaintiff
- to deter others from committing civil breaches
PURPOSES OF DAMAGES?
- restore the plaintiff back to its original position
- uphold the rights of the plaintiff
- to deter others from committing civil breaches
S&L OF INJUNCTION (restore the plaintiff back to its og position)
strength:
- Injunctions aim to return the plaintiff to their original
position by forcing the defendant to take action to prevent
further harm to the plaintiff.
limitation:
- Interlocutory injunctions are merely temporary and when
the time period has been completed, the defendant is able
to continue their disruptive behaviour.
