Do Civil Remedies Achieve Their Purpose?

Question 1

Do civil remedies achieve their purpose?

Answer 1

• Damages are effective in cases involving economic loss. Particular cases where the specific value of damages can be clearly identified, such as debt owing or loss of wages.
• It may be possible to measure economic loss such as loss of wages, but determining the level of damages for loss of future earnings is much more difficult to calculate.
• The ability of damages to restore the plaintiff to the position they were in before the harm/loss happened, will vary. E.g a loss limb can never be replaced.

Question 2

Do civil remedies achieve their purpose? Continued

Answer 2

• In some cases acts of parliament, such as the wrongs act place a restriction on the amounts that can be compensated. This may mean that the plaintiff is not fully compensated.
• Taking a case to court can be very time consuming, stressful and costly. Damages cannot compensate these stresses involved in trials/hearings.