Legal Test 2 Flashcards
Conciliation
Advice and assistance Conciliator Voluntary Avoid court trial Not legally binding
Mediation
Voluntary
Mediator
Not legally binding
Family and business disputes
Arbitration
Formal process
Arbitrator decides outcome
Legally binding
Costs incurred
Judicial determination
Resolves via hearing
Independent party makes legally binding decision
Restrictive injunction
Stops someone from doing something e.g restraining order
Mandatory injunction
Makes defendant do something
E.g carry out repairs on a house
Order of specific performance
Carry out terms of contract
Rescission Order
Court can terminate contract
If parties can return to original position
Restitution
To restore
When defendant has property owned by plaintiff
Specific compensatory damages
Actual quantifiable cost
General compensatory damages
Estimate pain and suffering
Compensate permanent loss
Exemplary damages
Large sums of money
Makes an example of defendant
Aggravate damages
Similar to exemplary
Large sums
Court showing disapproval of RECKLESS DISREGARD
Nominal damages
Relatively small money
Plaintiff may take action to prove point
Contemptuous damages
Small amounts of money
Recognises plaintiffs right but disapproves of them taking it to court
