REMEDIES AND INJUNCTIONS (AOS3)

Question 1

PURPOSE FOR REMEDIES?

Answer 1

• to attempt to return the party that has suffered loss to the position they were in before the loss occurred.
• deter others from civil breach
• uphold the plaintiffs rights under civil law

Question 2

TYPES OF DAMAGES?

Answer 2

COMPENSATORY DAMAGES, EXEMPLARY DAMAGES, NOMINAL DAMAGES AND CONTEMPTUOS DAMAGES

Question 3

COMPENSATORY DAMAGES; (SPECIAL OR SPECIFIC DAMAGES)

Answer 3

• these damages are usually awarded to the plaintiff to compensate them for items that can easily be calculated
  e.g. medical expenses, loss of wages.

Question 4

COMPENSATORY DAMAGES; (GENERAL DAMAGES)

Answer 4

• these damages are usually awarded to the plaintiff to compensate them for the pain and sufferings caused by the actions of the defendant
  e.g. compensation for the pain and sufferings or LOSS OF ENJOYMENT IN LIFE

Question 5

COMPENSATORY DAMAGES (AGGRAVATED DAMAGES)

Answer 5

• these damages are usually awarded to the plaintiff to compensate them further as the court believe the defendants actions has also caused humiliation or insult.

Question 6

EXEMPLARY DAMAGES:

Answer 6

Aims to punish the defendant that usually requires the defendant to pay the plaintiff large amounts of money

Question 7

WHAT ARE INJUNCTIONS?

Answer 7

• type of civil remedy where the injured party asks the court to make an order for the defendant to perform a certain action or to refrain from doing something

Question 8

TYPES OF INJUNCTION?

Answer 8

RESTRICTIVE INJUNCTION, MANDATORY INJUNCTIONS, INLOCUTORY INJUNCTIONS, FINAL INJUNCTION

Question 9

RESTRICTIVE INJUNCTION:

Answer 9

restrictive injunction is an order made by court that stops someone from doing something
e.g. cutting down trees, using power tool early in the morning

Question 10

MANDATORY INJUNCTION:

Answer 10

mandatory injunction is an order made by courts that forces someone to do something (perform something).
e.g. public apology

Question 11

INTERLOCUTORY INJUNCTION:

Answer 11

Lasts for a short time and is often awarded in URGENT CIRCUMSTANCES.
e.g. of a short-term injunction to prevent the demolition of a house, until a court can resolve a dispute regarding whether the owner is or is not entitled to demolish it.

Question 12

FINALE INJUNCTION:

Answer 12

Permanent injunction that is ongoing,
E.G. of this is preventing a book publisher from printing a defamatory book .

Question 13

DIFFERENCE BETWEEN INJUNCTION AND DAMAGES?

Answer 13

Injunction is a type of civil remedy where the injured party asks the court to make an order for the defendant to perform a certain action or to refrain from doing something, whether as damages are amounts of money paid to the plaintiff by defender.