Civil remedies Flashcards
What is the purpose of a remedy?
Restore party who has suffered loss or injury to position they were in before loss or injury occurred
Compensate the victim for infringed rights
Prevent harm (or further harm) from occuring.
What are the two main types of civil remedies?
Damages, injunctions
What are damages?
Amount of money to be paid by one party to another
What is the purpose of damages?
To compensate the plaintiff for losses suffered.
Sometimes, in situations involving permanent damage, not possible to fully restore plaintiff
What do damages aim to do?
Try to make up for physical loss by compensating plaintiff with amount of money representing/reflecting actual loss suffered.
What are the types of damages?
Compensatory damages
- specific damages
- General damages
- Aggravated damages
Nominal damages
Exemplary damages
Contemptuous damages
What are specific damages?
Awarded to compensate injured party.
- for loss that can be calculated objectively and exactly
e.g wages and medical bills
What are general damages?
Awarded for pain and suffering, cannot be calculated objectively.
What are aggravated damages?
Awarded to compensate plaintiff further if defendant’s conduct injured plaintiff’s feelings by causing humiliation and insult.
Humiliation, insult
What are nominal damages?
Awarded by court if defendant infringed rights of plaintiff, but plaintiff did not suffer loss.
What are the two types of injunctions?
Mandatory and restrictive
What is the effectiveness of damages?
- Type of loss suffered
- Not adequate for loss of life or irreversible damage
- can adequately compensate for time, stress, inconvenience.
What is the effectiveness of injunctions?
- Whether defendant will comply
- if plaintiff returned to original position (restored)
- compensate for time, stress, inconvenience
