remedies - 13.9 Flashcards
what is the purpose of remedies?
to restore (as much as possible) the party who has suffered loss or injury to the position they were in before the loss or injury occurred.
what are damages?
an amount of money that the court (or tribunal) orders one party to pay another party. it is the most common remedy in a civil claim.
what are compensatory damages?
compensatory damages are the main type of damages usually sought.
what are the 3 types of compensatory damages?
SPECIAL OR SPECIFIC DAMAGES- these are awarded to compensate the injured party (usually the plaintiff) for items that can be calculated objectively and exactly.
GENERAL DAMAGES - these are awarded to compensate the plaintiff for pain and suffering. these cannot be calculated objectively because they include consideration of the extent of the plaintiff’s emotional suffering and loss of enjoyment of life. the plaintiff’s counsel may make submissions about the appropriate amount.
AGGRAVATED DAMAGES - aggravated damages are awarded to compensate the plaintiff further if the court believes that the defendants conduct injured the plaintiff’s feelings by causing humiliation and insult.
what are nominal damages?
nominal damages are awarded by a court if the court believes that the defendant had infringed the rights of the plaintiff, but the plaintiff did not suffer any actual loss. therefore, the court awards a very small amount of damages as compensation.
what are exemplary damages?
(sometimes known as punitive damages) may be awarded if a defendant’s action was so outrageous that the court wishes to deter others from similar action and to show disapproval of the defendants action. a court may also decide to award exemplary damages if the defendant has shown total disrespect for the plaintiffs wishes.
what are contemptuous damages?
a court might think that a plaintiff has a legal right to damages but does not have a moral right; that is, the plaintiff does not deserve to be paid damages.
when assessing the effectiveness of damages, what are some factors do you need to consider?
the type of loss that had been suffered, whether there’s been loss of life, whether the plaintiff suffered significant physical injury or irreparable damage, whether the defendant had the capacity to pay.
what are injunctions?
a type of civil remedy in the form of a court order to do something or not to do something.
what are the two types of injunctions?
RESTRICTIVE INJUNCTION- stops someone from doing something.
MANDATORY INJUNCTION- this injunction is sought when a person wishes to compel someone to do a particular act.
when assessing the effectiveness of an injunction, what are some factors to consider?
where the defendant has already caused too much damage, whether the defendant will comply the injunction, whether there is another remedy that is better for the plaintiff.
