the purposes and types of remedies

Question 1

what is the purpose of remedies?

Answer 1

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

Question 2

what are the types of civil remedies?

Answer 2

damages:
- compensatory (specific, general or aggravated)
- nominal
- exemplary
- contemptuous

injunctions:
- restrictive
- mandatory

Question 3

what are damages?

Answer 3

an amount of money that the court (or tribunal) orders one party to pay another party
- most common remedy in a civil claim

Question 4

compensatory damages

Answer 4

main type of damages usually sought, there are three types:
- special or specific
- general
- aggravated

Question 5

special or specific damages

Answer 5

awarded to compensate the injured party for items that can be calculated objectively and exactly

Question 6

general damages

Answer 6

awarded to compensate the plaintiff for pain and suffering
- cannot be calculated objectively as they include consideration of the plaintiff’s emotional suffering and loss of enjoyment of life

Question 7

aggravated damages

Answer 7

awarded to compensate the plaintiff further if the court believes that the defendant’s conduct injured the plaintiff’s feelings by causing humiliation and insult

Question 8

nominal damages

Answer 8

awarded by a court if the court believes that the defendant has infringed the rights of the plaintiff, but the plaintiff did not suffer any actual loss
- awards a very small amount of damages as compensation

Question 9

exemplary damages

Answer 9

may be awarded if a court is seeking to punish a defendant
- a defendant’s action was so outrageous that the court wishes to deter others from similar actions
- the defendant has shown total disrespect for the plaintiff’s wishes
- cannot be awarded in defamation case

Question 10

contemptuous damages

Answer 10

court might think that a plaintiff has a legal right to damages but not a moral right
- the plaintiff does not deserve to be paid damages
- a small sum of money might be awarded

Question 11

how effective are damages?

Answer 11

depends on the facts of each case, and the loss that the plaintiff suffered
- the type of loss that has been suffered
- whether the plaintiff suffered significant physical injury or irreparable damage
- whether there has been a loss of life
- the accuracy of the estimate for future loss
- the injuries suffered following the award of damages
- whether there is another remedy that is better for the plaintiff
- whether damages can adequately compensate for the time, stress and inconvenience of court proceedings
- whether the defendant has the capacity to pay

Question 12

what are injunctions?

Answer 12

a remedy in the form of a court order to do something or not to do something
- designed to prevent a person doing harm (or further harm), or to rectify some wrong

Question 13

restrictive injunction

Answer 13

stops someone from doing something
- e.g. apply for a restrictive injunction to stop a building being destroyed (if it was in the interests of the nation to preserve it)

Question 14

mandatory injunction

Answer 14

is sought when a person wishes to compel someone to do a particular act
- e.g. to remove something from their land

Question 15

how effective are injunctions?

Answer 15

depends on the facts of the case and the loss that the plaintiff has suffered
- whether the defendant has caused too much damage
- whether the defendant will stop their actions or whether they may do other things to cause the plaintiff loss
- whether the defendant will comply with the injunction
- whether the plaintiff will be returned to their original position
- whether there is another remedy that is better for the plaintiff
- whether an injunction can adequately compensate for the time, stress and inconvenience of court proceedings