3.2.10+11 the purposes of remedies (damages and injunctions)

Question 1

main overall purposes of remedies

Answer 1

the main purpose of most remedies is to restore the plaintiff to the position they were in before the wrong occurred, as far as possible.
also to prevent harm from occurring in the first place and to prevent further harm

Question 2

remedy

Answer 2

any order from a court/tribunal that will recognise a plaintiff’s rights

Question 3

purpose of nominal damages

Answer 3

awarded to the plaintiff in recognition of the civil wrong in order to uphold the plaintiff’s rights but without being awarded a substantial sum (yes you are right, but you haven’t suffered enough to receive large damages)

Question 4

purpose of contemptuous damages

Answer 4

awarded to a plaintiff where they have the legal right to damages however this is an understanding that this claim should never have been sought. (court saying f you)

Question 5

purposes of exemplary damages

Answer 5

awarded where the presiding court/tribunal wishes to demonstrate that the defendant has grossly infringed upon the rights of the plaintiff (very culpable) and they wish to denunciate and deter others from engaging in same/similar civil wrongdoing.

Question 6

purposes of compensatory

Answer 6

to compensate the individual for actual/estimated losses including specific, general and aggravated

Question 7

purposes of restrictive injunctions

Answer 7

restricts the defendant from engaging in certain behaviours in order to prevent further wrongdoing.

Question 8

purposes of mandatory injunctions

Answer 8

an order that compels the defendant to engage in certain behaviours in order to correct or in some way compensate for their wrongdoing.

Question 9

purposes of interlocutory injunctions

Answer 9

ordered where certain behaviours or operations need to cease whilst the central claim is being finalised.

Question 10

damages

Answer 10

is an amount of money to be paid by the defendant to the plaintiff (generally but not always) to compensate the plaintiff for loss suffered. the loss could be financial, physical or mental.

Question 11

specific compensatory damages

Answer 11

compensation for amounts of money that can be exactly calculated. such as medical bills, insurance etc

Question 12

general compensatory damages

Answer 12

compensation for an amount of money that cannot be calculated exactly e.g pain and suffering, loss of life

Question 13

aggravated damages

Answer 13

to punish the defendant if their conduct requires it (note that civil law is not focused on punishing for wrongdoing, but in this case it is)