damages

Question 1

damages

Answer 1

a type of remedy is which monetary compensation is awarded to the plaintiff in a civil dispute to compensate their loss caused by a civil breach.

Question 2

types of compensatory damages

Answer 2

special/specific
general
aggravated

Question 3

special/specific damages

Answer 3

compensate for the loss that CAN be accurately measures is monetary terms

Question 4

general damages

Answer 4

compensate for loss that CANNOT be accurately measured in monetary terms

Question 5

aggravated damages

Answer 5

awarded if the defendant shows reckless disregard for the plaintiff’s feelings and causes them unnecessary distress, shame or humiliation

Question 7

nominal damages

Answer 7

a small amount of money awarded to a plaintiff in a lawsuit to show that they were right but suffered no substantial harm

Question 8

contemptuous damages

Answer 8

legal right but no moral right to take civil action against the defendant

Question 9

caps on damages

Answer 9

in victoria, there is a $250,000 limit for damages for non-financial loss in defamation claims

Question 10

mitigating factors

Answer 10

weigh toward a smaller award:
1. d has apologised or published a correction
2. p has already recovered damages in relation to any other publication that defamed them on the same subject matter