Damages Flashcards
(16 cards)
What is a remedy
A remedy is any order made by a court or tribunal designed to address a civil wrong or breach by the defendant
What are damages
An amount of money awarded by the courts to compensate the plaintiff for loss or injury caused by the wrongful acts of the defendant.
What are the different types of damages
Exemplary
Nominal
Compensatory
What are the two damages within compensatory damages
Special/Specific damages
General damages
What are exemplary damages
Exemplary damages that are the consequences of a civil claim that in some way aims to punish the defendant for an extreme infringements of rights and deter others from undertaking the same type of actions
What are nominal damages
When nominal damages are awarded, a small amount of money is paid by the way of damages. This may be where the plaintiff has proved that they have been wronged but no injury, loss or damage was suffered.
–> Cases involving breach of contract
What are compensatory damages
The aim of compensatory damages is to restore the party whose rights have been infringed as far as possible to the position they were in before the infringement occurred.
What are special damages
The aim of special damages is to compensate the plaintiff for loses that are quantifiable –> Have a precise monetary value
Examples of special damages
- Medical expenses
- Loss of wages
- Property damage
- Loss of profits
- Loss of assets or other property
What are general damages
The aim of general damages is to compensate for losses that are not easily quantifiable and will be calculated in court based on evidence
Examples of general damages
- Pain and suffering
- Long-term job prospects
- Loss of amenity
- Physical impairment of disfigurement
- Mental health or psychological injuries
What does it mean by restrictions on damages
Different types of claims have restrictions imposed on damages
Examples of restrictions on damages
- Personal injury claims make under the Wrongs Act 1958 (Vic) are limited year by year to an amount fixed by parliament
- Defamation claims, damages or non-economic loss are limited to $250,000
Factors to consider when assessing the ability of compensatory damages to achieve their purposes:
- Whether the loss suffered was financial loss only
- Whether the loss suffered was pain and suffering, mental anguish, disfigurement or impairment.
- Whether sufficient evidence is before the court about unquantifiable losses.
- Whether the damages are actually paid
- Whether other orders or remedies may be required
- Whether there are caps on the amounts that can be awarded.
Factors to consider when assessing the ability of exemplary damages to achieve their purposes:
- The amount of exemplary damages
- The ability of the defendant to pay
- The extent to which the award of damages is known.
- Whether there are caps on the amount that can be awarded
Factors to consider when assessing the ability of nominal damages to achieve their purposes:
- Whether the plaintiff suffered loss
- The amount of the damages
- The costs incurred
