DP11 Purposes and types of remedies

Question 1

What is a remedy?

Answer 1

An order made by the courts to address civil wrongs or breaches, awarded to the plaintiff and carried out by the defendant.

Question 2

What are three purposes of remedies?

Answer 2

• restore plaintiff, as fare as possible, to the position they were in before the wrong occurred, or rights were infringed
• compensate plaintiff for infringement of rights, where it is not possible to return to their original position
• Prevent harm or further harm from occurring

Question 3

What are damages?

Answer 3

A sum of money awarded to a successful plaintiff, to be paid by the defendant

Question 4

What are the purposes of damages?

Answer 4

• Restore plaintiff, as far as possible, to the position they were in before wrong occurred or their rights were infringed
• Compensate plaintiff for infringement of their rights, where it is not possible to return them to their original position

Question 5

What are the types of damages?

Answer 5

Compensatory (specific, general, aggravated), exemplary, nominal and contemptuous.

Question 6

What are compensatory damages?

Answer 6

The most common type of damages awarded, which am to compensate the plaintiff for loss suffered.

Question 7

What are compensatory (specific) damages?

Answer 7

Loss that can be quantified, or given a specific and precise value (such as loss of wages, medial bills)

Question 8

What are general damages?

Answer 8

Loss that cannot be easily given a precise value (pain/suffering)

Question 9

What are aggravated damages?

Answer 9

A type of compensatory damages, awarded to further compensate the plaintiff where the defendant’s conduct caused humiliation or insult.

Question 10

What are exemplary damages?

Answer 10

Awarded to punish and deter the defendant, where conduct is malicious, violent, or cruel.

Question 11

What are nominal damages?

Answer 11

Awarded to confirm plaintiff’s rights have been infringed, but loss has not been suffered (or is not substantial).

Question 12

What are contemptuous damages?

Answer 12

Awarded to show that plaintiff has succeeded in claim (or is entitled to claim), but does not have a moral right to damages (claim should not have been made).

Question 13

How do damages achieve the purpose of restoring the plaintiff to their previous position?

Answer 13

They can restore to the position they were in prior to the loss suffered by paying for financial loss suffered (especially special/specific) damages.

Question 14

How may damages not achieve the purpose of restoring the plaintiff to their previous position?

Answer 14

Financial loss may not be the only loss. Some losses (such as medical) cannot be remedied by money.

Question 15

How do damages achieve the purpose of compensating the plaintiff?

Answer 15

Directly aim to compensate the plaintiff for monetary loss (especially specific damages)

Question 16

How may damages not achieve the purpose of compensating the plaintiff?

Answer 16

If not all losses are solely monetary, such as loss of job or reputation (general damages)

Question 17

How do damages achieve the purpose of preventing harm or future harm

Answer 17

Does not generally attempt to achieve this, but can be achieved indirectly through exemplary damages. Nominal damages may also deter defendant from continuing misconduct.

Question 18

When may damages not achieve any purposes?

Answer 18

If damages are not paid (bankrupt), if other remedies are required. it all depends on the quantity of damages, and whether it is enough/adequate for the wrong suffered.

Question 19

What is an injunction?

Answer 19

Court order prohibiting defendant from doing something, or compelling a defendant to take action.

Question 20

What are the types of injunctions?

Answer 20

Mandatory and restrictive

Question 21

What is a mandatory injunction?

Answer 21

A court order compelling a defendant to do something (such as remove photos from an article or website)

Question 22

What is a restrictive injunction?

Answer 22

Court order that prohibits the defendant from doing something (e.g stop cutting down a tree, not post something)

Question 23

What are the purposes of injunctions?

Answer 23

1. Prevent harm or further harm from occurring
2. Restore plaintiff, as far as possible, to the position they were in before loss was suffered, or rights infringed.

Question 24

How would an injunction achieve the purpose of restoring the plaintiff?

Answer 24

May assist in restoring to previous position. Mandatory injunctions, such as issuing an apology or retraction of a statement may restore social position and damaged reputation.

Question 25

How may an injunction not achieve the purpose of restoring the plaintiff?

Answer 25

May not be enough to restore to previous position before damage. If damage is financial, injunctions may not assist.

Question 26

How would an injunction achieve the purpose of compensation?

Answer 26

Generally difficult to compensate for damage occurred.

Question 27

How may an injunction not achieve the purpose of compensation?

Answer 27

Injunctions do not address the costs, time and stress associated with initiating the claim.

Question 28

How would an injunction achieve the purpose of preventing harm or future harm?

Answer 28

May prevent harm by compelling to take a certain action (e.g by not posting an article, reputation may not be damaged0

Question 29

How are other ways that an injunction may not achieve its purposes?

Answer 29

If defendant does not comply, no aims can be achieved (can attend an enforcement proceeding, but this is expensive and takes time)

If harm has already been suffered, an injunction alone may not be adequate (damages may be required)