civil law deck Flashcards
(21 cards)
What is a remedy in legal terms?
Any order made by a court or tribunal designed to address a civil wrong or breach
Remedies are awarded if the plaintiff is successful in proving their claim and are set out in the statement of claim.
What are the two main types of remedies?
- Damages
- Injunctions
What are damages?
Amounts of money awarded by the courts to compensate the plaintiff for loss or injury caused by the wrongful acts of the defendant
What is the main purpose of damages?
To restore the plaintiff to the position they were in before the harm or loss occurred
List the four main types of damages.
- Compensatory
- Exemplary
- Contemptuous
- Nominal
What are compensatory damages?
The most common type of damages aimed at restoring the party whose rights have been infringed to their original position
What are the three main types of compensatory damages?
- Special damages
- General damages
- Aggravated damages
What do special damages compensate for?
Quantifiable losses such as medical fees, loss of wages, property damage, and loss of property/assets
What do general damages compensate for?
Losses that are not easily quantifiable, such as pain and suffering and loss of amenity
What are aggravated damages awarded for?
When the plaintiff suffered humiliation or embarrassment due to the defendant’s conduct
What are exemplary damages?
Punitive damages aimed at punishing the defendant for extreme infringements of rights and deterring similar actions
True or False: Exemplary damages can be awarded in defamation claims.
False
What are nominal damages?
Awarded when the plaintiff proves they have been wronged but suffered no injury, loss, or damage
What are contemptuous damages?
Rarely awarded damages to show that the court disapproves of the nature of the claim, despite the plaintiff’s legal success
What is an injunction?
A court order directing someone to stop doing a certain act or compelling them to do a certain act
What are the purposes of an injunction?
- Prevent the defendant from further harming the plaintiff
- Rectify a wrong
What is a restrictive injunction?
An order that stops someone from doing something to prevent harm to the plaintiff
What is a mandatory injunction?
An order that compels someone to take a certain action, awarded under specific conditions
What must the court be satisfied of before granting a mandatory injunction?
That the defendant knows exactly what they must do and that the plaintiff will suffer significant damage if not ordered
What factors must be considered when assessing the ability of injunctions to achieve their purposes?
- whether the defendant will do/comply with injunction
- whether harm has already been suffered
- whether a restrictive or mandatory injunction alone is sufficient
- whether there are other orders that may be required
