Remedies in civil law

Question 1

Remedy definition

Answer 1

Remedies are any order made by a court (or tribunal) designed to address a civil wrong or a breach. A remedy should provide a legal solution to the plaintiff for a breach of the civil law by the defendant.

Question 2

A remedy’s general purpose

Answer 2

Restore party that has suffered loss and damage to their original position prior to loss/damage occurring

Question 3

Compensatory Damages

Answer 3

Are the main type of damages usually sought. Awarded to the plaintiff for harm, injury, or other losses suffered.

Question 4

Nominal Damages

Answer 4

Defendant infringed on plaintiff’s right -> h/w no loss to plaintiff
Recognizes technical breach and that the plaintiff has been wronged

Question 5

Exemplary Damages

Answer 5

Also known as 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 defendant’s actions. Cannot be awarded in defamation cases.

Question 6

Contemptuous Damages

Answer 6

A very small amount of money awarded to show that even though the plaintiff’s claim succeeded in law, the court disapproves of it in moral terms

Question 7

Injunctions

Answer 7

Are a remedy in the form of a court order requiring the defendant to do something or not to do something. An injunction is designed to prevent a person doing harm (or further harm), or to rectify a wrong

Question 8

Restrictive Injunction

Answer 8

Stop someone from doing something e.g. stop a building from being destroyed

Question 9

Mandatory Injunction

Answer 9

Compel someone to do a particular act e.g. to remove something from their land