Lesson 48: Remedies Flashcards
(7 cards)
Purpose of Remedies
Remedies: any order made by court (or tribunal) to address a civil wrong or breach. A remedy should provide a legal solution to the plaintiff for a breach of the civil law by the defendant
Purpose: restore suffered party (plaintiff/defendant) to their original position → prior to damage occurrence.
- Make the point that the defendants conduct is not acceptable
- Stop further harm
- Force someone to do something they are refusing to do
Damages: Compensatory
Damages: amount of money one party is ordered to pay to another party for loss or harm suffered. Most common remedy in a civil claim
C Damages: Main type usually sought. Awarded to plaintiff for harm, injury or other losses suffered.
a) Specific Damages: calculated loss (e.g. wages, medical expenses)
b) General Damages: x calculated loss → pain and suffering → loss of enjoyment of life
c) Aggravated Damages → Defendants conduct caused humiliation + insult to plaintiff
Damages: Nominal
- Defendant infringed on plaintiff’s rights → h/w no loss to plaintiff
- Recognises technical breach and that the plaintiff has been wronged
Damages: Exemplary
- a.k.a. Punitive damages → seeks to punish defendant → actions were so outrageous that court seeks to deter others from similar action and to show disapproval of the defendants actions. Cannot be awarded in defamation cases
Damages: Contemptuous
- Very small amount of money awarded to show that even though the plaintiffs claim succeeded in law, the court disapproves of it in moral terms
Injunctions: Mandatory
Injections: a remedy in the form of a court order requiring the defendant to do something or not to do something
Designed to prevent a person from doing harm (or further harm), or to rectify a wrong
M Injunctions: compel someone to do a particular act e.g. to remove something from their land
Injunctions: Restrictive
Stop someone from doing something e.g. stop a building from being destroyed
