Topic 15: Remedies Flashcards
What are the two main forms of remedies?
Damages and Injunctions
What are the types of Damages?
Compensatory, Nominal, Aggravated, Exemplary, Vindicatory, and Gain-Based
What are the types of Injunctions?
Prohibitive and Mandatory
What do general damages cover?
Non-pecuniary losses (e.g. pain, suffering, and loss of amenity)
What do special damages cover?
Pecuniary losses (e.g. medical expenses, loss of earnings, etc.)
What are nominal damages?
Where there is no tangible harm, but a point is still to be made (ONLY for actionable torts per se such as intentional torts)
What are aggravated damages?
Where C’s dignity and pride have been injured
What are exemplary damages?
Damages calculated to prevent the D from committing wrong in the future
What do the different types of injunctions mean?
Prohibitive = Do NOT do something, Mandatory = You NEED to do something