Remedies Flashcards
What is a remedy?
A remedy is to restore the aggrieved party to the position they were in prior to the infringement. The most common remedy used is damages or injunctions.
What is a damage?
Damages are a monetary amount awarded to a plaintiff to help restore them to the position they were in prior to the infringement. There are many types of damages.
Compensatory damages
Main type awarded.
-specific
-general
-aggravated
Nominal damages
Small amount of money paid for hen the plaintiff legally had their rights infringed, but actual little damage was done.
Contemptuous damages
A tiny amount of money may be awarded when a court acknowledges that the plaintiff has a legal right to damages, but not a moral one. The court will award a very small amount of damages to show their contempt for the action.
Punitive/exemplary damages
The aim of these damages, rather than to restore the plaintiff to the original position, is to punish the defendant.
Injunction
Is a court order which prohibits or demands an action. It may be interlocutory (or interim), or ongoing.
There are a few types.
Restrict injunction
Prevents an action
Mandatory injunction
Compels an action
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