10 + 11- Civil Remedies And Their Purposes

Question 1

Describe an injunction.

Answer 1

Injunctions are court orders against the losing party that aim to rectify the situation. They also aim to return an injured party to their original position.

Question 2

Describe the restrictive and mandatory injunctions.

Answer 2

1. Restrictive Injunctions:
   prohibit the losing party from performing a particular act, restricts their behaviour.
2. Mandatory Injunctions:
   compels the losing party to perform a particular act.

Question 3

Describe the two types of injunctions.

Answer 3

Interlocutory / interim: a short term and temporary injunction.

Perpetual: a permanent injunction.

Question 4

Describe damages.

Answer 4

Damages involve an amount of money paid by the defendant to the plaintiff.

Question 5

Describe compensatory damages.

Answer 5

These aim to compensate the injured party, to the extent that money is able to do so.

Specific: involve a precise monetary value that can be calculated (eg: medical expenses, loss of income)

General: involve a general estimate of the loss suffered that cannot be calculated to an exact value. (Eg: pain and suffering, decreased value of life, damaged reputation)

Question 6

Describe nominal damages.

Answer 6

These involve smaller amounts of money that are intended to prove a point, or act as a warning. The plaintiff may not have suffered significant injury or may not need the money.

(Eg: Andrew Bolt in the 2011 racial vilification case)

Question 7

What are the purposes of civil remedies?

Answer 7

1. To restore the injured party to their original position.
2. To protect rights.
3. To regulate conduct between the parties.