8 remedies Flashcards
remedy (definition, purpose)
any order made by a court designed to address a civil wrong or breach
- purpose: restore the plaintiff as far as possible to the position they were in before the wrong occurred
damages (definition)
an amount of money awarded by the courts to compensate the plaintiff for loss or injury caused by the wrongful acts of the defendant
types of damages
- compensatory — special, general, aggravated
- exemplary
- nominal
- contemptuous
compensatory damages (definition, purpose)
an amount of money awarded to a plaintiff for harm, injury, or other losses suffered
purpose: restore the plaintiff to the position they were in before the wrong occurred
special damages (purpose, e.g.)
compensate the plaintiff for quantifiable losses
e.g. type of losses
- medical expenses (past and future)
- loss of wages
- property damage
- loss of profits
- loss of assets or other property
general damages (purpose, e.g.)
compensate for losses that aren’t easily quantifiable & will be calculated by the court based on evidence
e.g. type of losses
- pain and suffering (past and future)
- long-term job prospects
- loss of amenity
- physical impairment or disfigurement
- mental health or psychological injuries
aggravated damages (purpose, e.g.)
awarded where the court believes the plaintiff suffered humiliation, embarrassment or insult b/c of the defendant’s conduct
e.g. type of losses
- humiliation, distress, embarrassment or insult
exemplary damages (definition, purpose)
a very large amount of money awarded to show strong disapproval of defendant’s conduct; AKA punitive (punishing) damages
- purpose: punish defendant for extreme infringement of rights & deter others from undertaking the same type of actions
nominal damages (definition, purpose)
a small amount of money awarded to confirm that a plaintiff’s rights have been infringed even though the losses were not substantial
- purpose: to uphold the plaintiff’s rights without awarding any substantial damages
contemptuous damages (definition, purpose)
a very small amount of money awarded by a court to show that even though the plaintiff’s claim succeeded legally, the court disapproves of it in moral terms
- purpose: show contempt for the claim that is made, while admitting the plaintiff’s right to make the claim
restrictions on damages
- personal injury claims under Wrongs Act 1958 (Vic) & claims for non-economic loss (pain + suffering & loss of quality of life) are limited yearly to fixed amount
- in defamation claims, damages for non-economic loss are also limited to $250,000
ability of compensatory damages to achieve their purposes
- if loss suffered was financial only - quanitifiable & may be restored to og position
- if the loss suffered was pain & suffering or impairment - no
- if future loss has been suffered - no bc hard to quantify
- if sufficient evidence is before the court abt unquantifiable losses - sure
- if damages are act paid - yes
- if other orders or remedies may be required - eh
- if there are caps on amounts that can be awarded - no b/c limits ability
ability of exemplary damages to achieve their purposes
- high amount - likely to punish & deter
- ability of defendant to pay - little money = may not pay at all so not punished, big money = less of punishment
- extent award of damages is known - to deter = should be publicised
- if there are caps on amounts that can be awarded - limit ability of damages
ability of nominal damages to achieve their purposes
- if plaintiff suffered loss - w no evidence plaintiff right’s may not be fully upheld
- too small amount - not uphold plaintiff’s rights
- costs incurred
injunctions (definition, purpose)
a court order to undertake a specific action or to stop a specific action. It is normally to prevent harm, or further harm, to the plaintiff
- purpose: rectify a situation caused by the person who was found to be in the wrong
