Chapter 8.2 Flashcards
Damges
Damages
damages of various kinds is the most common remedy. they are amounts of money awarded to the plaintiff to be paid by the defendant. The main purpose of damages is to return the plaintiff to the position they were in before the wrong occurred
types of damages
- compensatory - special, general, aggravated
- exemplary
- nominal
- contemptuous
types of compensatory damages
- general
- special
- aggravated
compensatory damages
are the most common damages sought. the aim of compensatory damages is to restore the party whose rights have been infringed as far as possible to the position they were in before the infringement occurred. an amount of money awarded to the plaintiff for, harm, injury or other losses suffered. it includes general damges, special and aggravated
special damages
an amount of money that one party is ordered to pay to another party to comensate for losses that are easily quantifiable, includes things such as, medican expenses, loss of wages, property damages
general damages
an amount of money that one party is ordered to pay to another party to compensate for losses that are not easily quantifiable and will be calculated by the court based on evidence, examples include, pain and suffering, long term job prospects, loss of amenity, physical impairment or disfigurement
loss of amenity
removal of a persons ability to enjoy or benefit from something they used to have
aggravated damages
an amount of money that a defendant may be ordered to pay when a plaintiff has suffered extreme humiliation, embarrassment or insult because of the defendant’s conduct; examples are, humiliation, distress, embarrassmentor insults
exemplary damges
exemplary damages are the only consequence of a civil action that in some way aims to punish the defendant for an extreme infringement of rights and deter others from undertaking the same type of actions. the purpose of exemplary damages is to punish ad deter the defendant where conduct is malicious, violent, cruel, violent or in scornful disregard of the plaintiffs rights
nominal damges
when nominal damges are awarded, a small amount of money is paid by way of damges. this may be where the plaintiff has proved that they have been wronged, but no injury, loss or damage was suffered purpose of nominal damages is to uphold the plaintiffs rights without awarding any substantial damages
contemptuous damges
a court or tribunal might feel that the plaintiff has a legal right to damages but does not have a moral right,, that is the plaintiff does not really deserve to be paid. damges in such a situation, the aim of awarding a small amount of damages is to show content for the claim that is made, while admitting the plaintiffs right to make the claim
restriction on damges
certain types of claims and certain types of loss have restriction imposed on damages
- for personal injury claims order the wrongs act and calims for non-economic loss, being in pain and suffering and loss of quality of life
- in defamation claims, damages for non economic loss
ability of damages to achieve their purposes (compensatory)
depending on the injuries and loss suffered, compensatory damages can restore the plaintiff to the position they were in before the wrong occurred
factors to consider when assessing the ability of damages to achieve their purposes - compensatory
- whether loss suffered was financial loss only
- whether the loss suffered was pain and suffering
- whether future loss has been suffered
- whether sufficient evidence is before the court
- whether damages are actually paid
- whether other orders or remedies may be required
whether their are caps in the amount that can be awarded
ability of damages to achieve their purpose - exemplary
exemplary damages may be awarded to punish the defendant for an extreme infringement of rights and deter others from undertaking the same type of activity
