Damages and injunctions and their specific purposes (remedies)

Question 1

nDamages

Answer 1

An amount of money awarded by the courts to compensate the plaintiff for loss or injury caused by the wrongful acts of the defendant

Question 2

Injunction

Answer 2

A court order directing a person to undertake a specific action, or to stop (cease) a specific action. It is normally ordered to prevent harm, or further harm to the plaintiff (possible to get injunction as of that moment)

Question 3

Exemplary damages

Answer 3

Aims to punish the defendant for an extreme infringement of rights, and deter others from undertaking the same type of actions.

The PURPOSE is to punish and deter the defendant where conduct is malicious, violent or cruel or in scornful disregard of the plaintiffs rights

Question 4

Nominal damages

Answer 4

When nominal damages are awarded, a small amount of money is paid by way of damages. This may be where the plaintiff has proved that they have been wronged, but no injury, loss or damage was suffered

The purpose is to uphold the plaintiffs rights without awarding any substantial damages.

Question 5

Contemptuous damages

Answer 5

A court or a tribunal might feel that the plaintiff has a legal right to damages but does not have a moral right, that is, the plaintiff does not really deserve to be paid damages. In such situations the aim of awarding a small amount of damages is to show contempt for the claim that is made, while admitting the plaintiffs right to make the claim