7.10 Remedies Flashcards
What is a remedy?
any order made by a court designed to address a civil wrong or breach. A remedy should provide a legal solution for the plaintiff for a breach of civil law by the defendant and restore the plaintiff to their original position prior to the breach of their rights
What are damages?
is an amount of money awarded to the plaintiff, to be paid by the defendant
What is the purpose of damages?
compensate the plaintiff for the losses suffered, so as to return them to the position they were in before the defendant caused them harm
What are the type of losses that may be suffered?
financial loss, physical or mental loss, reputational loss
What are compensatory damages
The most common damages to be sought. The aim is to restore the party whose rights have been infringed as far as possible to the position they were in by compensating them for losses suffered
What are the compensatory damages subcatergories?
- specific damages
- general damages
- aggravated damages
What are specific damages?
can be given a precise monetary value such as medical expenses or loss of wages. they are easily quantifiable
What are general damages?
will be assessed by the court according to the magnitude of the wrong done and the long-term consequences of the wrong, taking into consideration such matters as future loss of wages, long-term job prospects, and pain and suffering. They are a general estimate and not readily quantifiable
What are aggravated damages?
can be awarded to compensate the plaintiff further if the court believes that the defendant’s conduct injured the plaintiff’s feelings by causing humiliation and insult
What are nominal damages?
when nominal damages are awarded, a small amount of money is paid by way of damages. nominal damages purpose is to uphold the plaintiff’s rights without awarding any subdtantial amount of damages
Why may a plaintiff receive nominal damages?
The plaintiff may be seeking to make a point about being legally in the right and to show that their rights have been infringed, but not seeking a large sum of compensation
What are contemptuous damages?
the court or tribunal feels that the plaintiff has a legal right to damages but does not have a moral right. small damages might be awarded to show contempt for the claim that is made
What are exemplary damages?
exemplary damages are the only consequence of a civil action that in some way seeks to punish the defendant for an extreme infringement of rights and deter others from undertaking the same type of actions
What injuctions?
a remedy in the form of a court order to do something or not to do something. An injunction is designed to prevent a person from doing harm or to rectify some wrong
What is a restrictive/prohibitive injunction?
ordering a person to refrain from undertaking an action
