damages and injunctions

Question 1

what is a remedy?

Answer 1

a remedy is any order made by the court that addresses a civil wrong.

Question 2

what is the general purposes of remedies?

Answer 2

• the overall purpose is to restore the plaintiff, as much as possible, to the position they were in before the wrong occured.

Question 3

what are damages? and what is the purpose of it?

Answer 3

• it is money awarded to the plaintiff paid by the defendant.
• the purpose of damages is to compensate for the losses or injuries the plaintiff suffered.

Question 4

what are examples of losses that the plaintiff may suffer?

Answer 4

financial loss, physical or mental loss, reputational loss

Question 5

what are the types of damages?

Answer 5

compensatory (special, general, aggravated), exemplary, nominal, contemptuous

Question 6

what is the purpose of compensatory damages?

Answer 6

the purpose is to restore the party whose rights have been infringed by compensating for the loss suffered, by paying money to either pay for expenses or to make up for the object loss.

Question 7

explain the 3 types of compensatory damages? (special, general, aggravated)

Answer 7

special (specific): compensates the plaintiff for losses that are quantifiable (precise monetary value). e.g. medical expense, loss of wages
general: compensates for losses that are not quantifiable and will be calculated by the court. e.g.pain and suffering (past/future), physical impairement or disfigurement
aggravated: when the plaintiff suffered humiliation, embarrassment or insult because of the defendant. e.g. humiliation, insult, distress

Question 8

what are nominal damages, and what is the purpose of it?

Answer 8

• when the plaintiff wants their infrigned rights to be acknowledged, not looking for a large amount of money.
• the purpose of it is to uphold the plaintiff’s rights without awarding substantial damages.

Question 9

what are contemptuous damages?

Answer 9

when the court, tribunal think that the plaintiff don’t have a moral right even though they have a legal right. ( they don’t think the plaintiff deserves to be paid damages)

Question 10

what are exemplary damages and what is the purpose of it?

Answer 10

• this punishes the defendant
• the purpose is to punish for extreme infringements of rights and to deter others.
• the defendant’s conduct is usually malicious, violent or in scornful disregard for the plaintiff’s rights

it can’t be awarded for defamation

Question 11

what are the restrictions of damages?

Answer 11

for personal injury claims: limit set by parliament each year for non-economic loss
for defamation claims: limit of $250,000
non-economic loss are not restricited to the same amount, depends on type of case

Question 12

what are injuctions and the purpose of it?

Answer 12

• it is a court order directing someone to stop doing a certain act, or compelling someone to do a certain act.
• the purpose is to rectify a situation caused by the person who was found to be in the wrong

Question 13

what are the two types of injunctions and explain them.

Answer 13

restrictive injunctions: orders a person to stop a person from doing something
mandatory injunction: ordrd a person to do a specific act.
these injunctions can be interlocutory or final.

Question 14

how do damages achieve their purpose?

Answer 14

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