U3 - AOS2B - civil remedies

Question 1

what are remedies

Answer 1

a court order that aims to enforce a rightby preventing a civil breach or correcting one by restoring plaintiff to original position.

Question 2

what are damages

Answer 2

monetary compensation for a loss caused by a civil breach .

Question 3

types of damages with explanaiton

Answer 3

compensatory which includes specific general and aggrevated damages

exemplery - making example of a defednent

nominal = reps a civil win for societies behalf not for money

contemptuous = legal right to sue but no mroal right.

Question 4

what are the purposes of damages

Answer 4

return plaintiff to their original position

uphold the plaintiffs right

deter other from comitting civil breaches

Question 5

strengths of damages

Answer 5

compensatory damages can cover all different types of losses (physical, wages, amenity)

courts decision to award damages = signifies plaintiffs claim as succesful

damages can be awarded to specifcally denounce defendens actions (exemplory)

Question 6

weaknesses of damages

Answer 6

can potentially fail at restoring non monetary loss such as loss of amenity from loosing a leg

harm imposed upon the plaintiff may be irreversable by any sum of money

jurors are unable to determine damages.

Question 7

what are injuctions

Answer 7

a civil court order compelling a party to an action or preventing them from completing an action

Question 8

catagories of injuctions

Answer 8

mandatory - forces defendent to do something

restrictive - prevents defendent from doing something

interlocutory - temporary awarded in urgent times when an action either needs to be abruptly stopped or commenced

final injuction - permanent on going injunction.

Question 9

strengths of injunctions

Answer 9

forces defendent to take action to prevent further harm

prevent future breach from occuring

legal systmen demonstrates its committment to upholding peoples rights in the long termw

Question 10

weaknesses of injuctions

Answer 10

interlocutory injunctions are only temporary

civil claims are expensive t/f plaintiff making net loss if only seeking injucntion

court has limited ability to moniter acheivement of injucntion - upon plaintiff to file another claim with court if defendent doesnt comply.