Remedies Flashcards
What are the main remedies for tort
Damages
Injunctions
What is damages
Aims to put injured party in the same position they would have been in if the tort had not occurred
What is injunctions
A court order instructing a party to do or retain from doing something
What are the types of damages payable
General
Nominal
Aggravated
Special
Contemptuous
Exemplary
What are general damages
Damages that can’t be calculated before trail so court has to calculate them
What are special damages
Damages that are capable of being calculated at the time of trial
What are nominal damages
Damages are awarded when there has been little or no harm caused and courts wishes to award a very small amount
What are contemptuous damages
Minimal damages following low level of harm and the court believes that an action should not have been taken
(Low as 1 pence)
What are aggravated damages
Additional damages awarded because of an aggravating factor made the initial harm worse
What are exemplary damages
To Punish the defendant
What are prohibitory injunctions
Instruct the defendant to not behave in a certain way
What are mandatory injunctions
Instruct defendant to take an action to rectify the situation created by tort
What is quia timet injunction
Is an injunction which is obtained prior to the commission of tort.
“Because he fears” in Latin
Circumstances when it may be granted we’re stated in fletcher v bealey 1884
What is interim injunction
May be granted once an action has begun but before the main court hearing
It will instruct the D to not behave in a certain way
Conditions for granting in American Cyanamid v Ethicon 1975
Injunctions as an equitable remedy
One who seeks equity must do equity
Equity does nothing in vain
Delay defeats equity
