PROS AND CONS OF CIVIL REMEDIES

Question 1

2 pros of damages

Answer 1

• Special damages can provide money to cover out-of-court expenses.
• General damages can give compensation for pain and suffering.
• Exemplary damages give the court the opportunity to punish the wrongdoer when the wrong has had excessive consequences.
• The possibility of having to pay damages can deter people from being negligent or committing other civil wrongs.

Question 2

2 cons of damages

Answer 2

• There is inconsistency in damages awarded.
• There are difficulties in pursuing a claim for damages.
• The person found to be in the wrong may face hardship as a result of having to pay damages.

Question 3

2 pros of injunctions

Answer 3

• Injunctions can be used to stop someone doing something immediately, e.g. manufacturing a dangerous product.
• They can be used to order someone to do something to rectify a situation.

Question 4

One con of injunctions

Answer 4

• Difficulties can be caused by an injunction if it is put in place before a dispute is decided in court, especially if it is later decided that the activity should not be stopped.

Question 5

2 pros of orders for specific performance

Answer 5

• Such an order provides a mechanism for enforcing a contract.
• Sometimes damages are not appropriate.

Question 6

One con of orders for specific performance

Answer 6

• Difficulties can be caused by enforcing a contract; damages are usually an appropriate remedy.