Damages and Injunctions

Question 1

Compensatory Damages

Answer 1

An amount of money awarded to a plaintiff for harm, injury, or other losses suffered. It includes Special damages, general damages and aggravated damages. The purpose 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.

Question 2

Special Damages

Answer 2

An amount of money that one party is ordered to pay to another party to compensate for losses that have a precise monetary value that is easily calculated, types of losses can include loss of wages or medical expenses.

Question 3

General Damages

Answer 3

Compensate for losses that are not easily quantifiable and will be calculated by the court based on evidence, types of losses include pain and suffering or physical impairment.

Question 4

Aggravated Damages

Answer 4

Aggravated damages are awarded where the court believes the plaintiff suffered humiliation, embarrassment or insult because of the defendants conduct.

Question 5

Exemplary Damages

Answer 5

A very large amount of money awarded to show the strong disapproval of the defendants conduct. The purpose of exemplary damages is too punish and deter the defendant and others from the same conduct.

Question 6

Nominal Damages

Answer 6

A small amount of money awarded to confirm that a plaintiffs rights has been infringed even though the losses were not substantial. The purpose of nominal damages is to uphold the plaintiffs rights without awarding them substantial damages.

Question 7

Restrictive Injunctions

Answer 7

A form of remedy that requires a person to refrain from doing something, for example it may stop them from pulling down a building or constructing a road. Its purpose is to prevent harm or further harm.

Question 8

Mandatory Injunctions

Answer 8

A type of remedy that orders someone to do a particular act such as performing their part of a contract they have breached or handing over documents they are holding