U2 AOS1 - Negligence Remedies and Impacts

Question 1

Remedies

Answer 1

Remedies are court order that aim to enforce a right by:
- preventing a civil breach or
- correcting a civil breach by returning the plaintiff to their original position
- There are two types of remedies that will be covered; damages and injunctions

Question 2

Damages

Answer 2

• A type of remedy in which monetary compensation is awarded to the plaintiff in a civil dispute to compensate their loss caused by a civil breach
• Damages can be divided into different categories and more than one type of damage can be awarded to a plaintiff in a civil dispute should the defendant be found to be liable

Question 3

Types of damages

Answer 3

• Compensatory (specific, general, aggravated)
• Exemplary
• Nominal
• Contemptuous

Question 4

Compensatory damages - purpose

Answer 4

• The purpose of compensatory damages is to restore the plaintiff, as nearly as possible, to the position that they would have been in had the tort not been committed

Question 5

Compensatory damages - specific/special

Answer 5

• Compensate for loss that can be accurately measured in monetary terms

Question 6

Compensatory damages - general

Answer 6

• Compensate for loss that cannot be accurately measured in monetary terms

Question 7

Compensatory damages - aggravated

Answer 7

• Awarded if the defendant shows reckless disregard for the plaintiff’s feelings and causes them unnecessary distress, shame or humiliation

Question 8

Exemplary damages (example)

Answer 8

• These will be awarded if the defendant has acted consciously and in extreme disregard for the rights of others
• They can be imposed to make an example of the defendant and to deter others from that type of behaviour
• Some common situations where these might be involved are breach of trust relationships, or targeting the vulnerable

Question 9

Nominal damages (think Taylor Swift v. DJ)

Answer 9

• Awarded where the plaintiff is not necessarily seeking compensation, but wants to prove that they are legally right
• The plaintiff often wants to make a point for moral reasons
• Often $1

Question 10

Contemptuous damages

Answer 10

• These acknowledge that the plaintiff had a legal right, but not a moral right, to take civil action against the defendant
• To condemn the immorality of the claim, minimal compensation is awarded
• When these damages are awarded, the judge must believe that the claim should not have been brought to court
• An award of these damages indicate a technical victory, not a moral victory

Question 11

Impacts of negligence - plaintiff

Answer 11

• Loss of life
• Permanent physical incapacity
• Serious physical injury
• Emotional impact
• Loss of wages and livelihood
• Unemployment
• Effect on mental health

Question 12

Impacts of negligence - defendant

Answer 12

• Loss of business,
• Public humiliation and loss of reputation
• Physical injury
• Costs
• Need to sell assets