U2 AOS2 - Effectiveness of Damages (see 'U2 AOS1 - Negligence Remedies and Impacts' for definitions)

Question 1

Effectiveness - whether any loss has been suffered and if it is minor or significant

Answer 1

• If there has been no loss suffered an award of nominal damages or even contemptuous damages may be more appropriate
• If there has been loss suffered, there may need to be a consideration of the type of loss
  
  • If the loss is minor, then nominal damages or a small amount of compensatory damages may be appropriate. Damages such as aggravated damages or exemplary damages are less appropriate
  • If the loss is significant, there may be a need to award compensatory damages, or even exemplary damages if the court wishes to make a point about particular conduct of the defendant

Question 2

Effectiveness - the type of loss that has been suffered

Answer 2

• Economic loss (such as the loss for medical expenses) is easily quantifiable. The plaintiff will need to submit evidence to support the amounts
• Non economic loss (such as pain and suffering) is more difficult to quantify. It may require the parties in the court to assess the loss and determine a figure that reflects the plaintiff’s loss
• Significant physical injuries (such as disfigurement) can be more difficult to compensate for, and the plaintiff may not ever be able to be restored to their original position
• Where the plaintiff is seeking recovery for the loss of someone else’s life restoration can never be achieved

Question 3

Effectiveness - whether there is potential for ongoing harm

Answer 3

• If there is potential for ongoing harm (such as ongoing publications) then damages alone may not be enough to address the harm suffered. In this case, an injunction may also be required

Question 4

Effectiveness - time, cost, stress and inconvenience

Answer 4

• Damages cannot compensate the plaintiff in relation to the time, cost, stress and inconvenience involved in a civil dispute. Another remedy may compensate for some, but not all

Question 5

Effectiveness - whether the defendant will pay

Answer 5

• If the defendant cannot pay an award of damages, then the purpose of damages will not be achieved as the plaintiff will not receive the money