U3 AOS2: Damages and injunctions

Question 1

Damages

Answer 1

If there is permanent damage (loss of limb ect) it will not be possible to physically restore the injured party to how they were post injury as compared to a broken window. However an amount of money (damages) is given to compensate for suffering damage

Question 2

Specific / special damages

Answer 2

COMPENSATORY: Awarded to compensate the injured party (plaintiff) for items that can be calculated objectively and exact.

Eg. Loss of wages, medical expenses, broken fece

Question 3

General damages

Answer 3

COMPENSATORY: Awarded to compensate the plaintiffs pain and suffering - rape. Cannot be calculated objectively, the court takes into consideration the extent of suffering emotionally and loss of enjoyment of life. Plaintiff + legal rep estimate an amount, defendant can request.

Question 4

Aggravated damages

Answer 4

COMPENSATORY: Can be awarded to compensate the plaintiff further if the courts believe that the defendants conduct injured the plaintiffs feelings by causing humiliation and insult.

Question 5

Exemplary damages

Answer 5

DAMAGE: = Punitive damages (to punish the defendant. Will be awarded if the defendants actions we negligent and court wished to deter others from similar actions while showing the disapproval of actions.

Purpose: To punish and deter defendant where conduct is malicious, violent, cruel or disregard the plaintiffs rights

Question 6

Nominal damages

Answer 6

DAMAGE: Awarded if the court believes that the defendant has infringed the rights of the plaintiff but the plaintiff did not suffer any actual loser. Small amount of $$ (compensation) May occur in defamation case - where plaintiff suffered a small amount of false accusations

Question 7

Contemptuous damages

Answer 7

DAMAGE: Awarded in cases when the plaintiff may have a valid claim and could even be successful in exercising their rights but the court is not sympathetic. Therefore the plaintiff may win technically but be awarded an amount that almost makes a mockery of the case at the same time

Question 8

Restrictions of damages

Answer 8

Certain types of claims loss have restrictions imposed on damages. Including personal injury claims, non-economic loss and suffering loss and loss of quality of life.

In defamation, damages for non-economic loss limited to $250000

Question 9

Injunction

Answer 9

A court order for the defendant to undertake, or refrain from undertaking particular behaviour. An injunction may be an appropriate remedy in a defamation case. For example: The court could order that a newspaper crease publishing damaging statement until there has been an opportunity to test the accuracy of those defamatory statements