Remedies Flashcards

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1
Q

What are the main remedies for tort

A

Damages
Injunctions

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2
Q

What is damages

A

Aims to put injured party in the same position they would have been in if the tort had not occurred

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3
Q

What is injunctions

A

A court order instructing a party to do or retain from doing something

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4
Q

What are the types of damages payable

A

General
Nominal
Aggravated
Special
Contemptuous
Exemplary

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5
Q

What are general damages

A

Damages that can’t be calculated before trail so court has to calculate them

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6
Q

What are special damages

A

Damages that are capable of being calculated at the time of trial

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7
Q

What are nominal damages

A

Damages are awarded when there has been little or no harm caused and courts wishes to award a very small amount

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8
Q

What are contemptuous damages

A

Minimal damages following low level of harm and the court believes that an action should not have been taken

(Low as 1 pence)

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9
Q

What are aggravated damages

A

Additional damages awarded because of an aggravating factor made the initial harm worse

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10
Q

What are exemplary damages

A

To Punish the defendant

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11
Q

What are prohibitory injunctions

A

Instruct the defendant to not behave in a certain way

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12
Q

What are mandatory injunctions

A

Instruct defendant to take an action to rectify the situation created by tort

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13
Q

What is quia timet injunction

A

Is an injunction which is obtained prior to the commission of tort.
“Because he fears” in Latin

Circumstances when it may be granted we’re stated in fletcher v bealey 1884

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14
Q

What is interim injunction

A

May be granted once an action has begun but before the main court hearing

It will instruct the D to not behave in a certain way

Conditions for granting in American Cyanamid v Ethicon 1975

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15
Q

Injunctions as an equitable remedy

A

One who seeks equity must do equity
Equity does nothing in vain
Delay defeats equity

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