remedies

Question 1

what is the purposes of remedies

Answer 1

to restore (as much as possible) the party who has suffered loss or injury to a position they were before the loss or injury accrued.

Question 2

What are the three types of compensatory damages

Answer 2

• specific damages
• general damages
• aggravated damages

Question 3

what is nominal damage

Answer 3

are awarded by a court if the court believes that the defendant has infringed the rights of the plaintiff, but the plaintiff didn’t suffer any loss. therefore, the court awards a very small amount of damages as compensation.

Question 4

what is exemplary damages

Answer 4

• is the only example in civil law of a court to seek punishment to the defendant. exemplary damages may be awarded if a defendants actions are so outrageous that the court wishes to deter others from similar action and to show disapproval of the defendants actions.
• cannot be awarded in defamation cases

Question 5

what is contemptuous damages

Answer 5

• a court might think the plaintiff has a legal right to damages but not a moral right; the plaintiff doesn’t deserve to be paid

Question 6

what are two types of injunctions

Answer 6

restrictive
mandatory

Question 7

what is restrictive injunction

Answer 7

stops someone from doing something

eg. a person could apply for a restrictive injunction to stop a building being destroyed if it was in the interests of the nation to preserve it.

Question 8

what is mandatory injunction

Answer 8

is sought when a person wishes to compel someone to do a particular act

eg. to remove something off from their land

Question 9

what are the two types of remedies

Answer 9

damages and injunctions