6: Types of civil remedies and their effectiveness

Question 1

Purpose of civil remedies:

Answer 1

The aim of civil remedies is to restore the injured party (plaintiff) to the position they were in before the wrong occurred

Question 2

Damages:

Answer 2

A type of civil remedy involving an amount of money being paid to the plaintiff by the defendant, to generally compensate them for injury, impairment or damage suffered.

Question 3

Specific damages:

Answer 3

Can be stated as exact amounts e.g. medical bills

Question 4

General Damages:

Answer 4

Estimated by the court for things like pain, inconvience

Question 5

Injunction:

Answer 5

A type of civil remedy, being a court order requiring a party to either undertake or refrain from undertaking a certain action. Injunction can only be granted by the Supreme or County Courts.

Question 6

Mandatory injunction:

Answer 6

Compels some to do something

Question 7

Restrictive injunction:

Answer 7

Restrains someone from doing something.

Question 8

Damages effectiveness strength:

Answer 8

Damages is effective when the loss suffered was an economic loss.

Question 9

Damages effectiveness weakness 1:

Answer 9

Damages cannot ‘restore the plaintiff’ to their original position if the plaintiff has suffered loss or injuries other than pure economic loss.

Question 10

Damages effectiveness weakness 2:

Answer 10

Damages also do not compensate for the time, inconvenience,stress and cost of having to take a matter to court.

Question 11

Injunction effectiveness strength:

Answer 11

Mandatory and restrictive in certain circumstances can effectively prevent future damage to the plaintiff’s reputation.

Question 12

Injunction effectiveness weakness:

Answer 12

Injunction will not compensate the plaintiff for any loss already suffered.