U3AO2 - Civ Law - Remedies

Question 1

Define remedies

Answer 1

A court order that aims to enforce a right by preventing a civil breach or correct a civil breach and return the platinff to their position before the breach occured

Question 2

Define damages

Answer 2

A type of remedy in which monetary compensation is awarded to the plaintiff in a civil dispute to compsenate their loss caused by a civil breach

Question 3

Name types of damages x4, x3

Answer 3

• Compsensatory
  
  • Specific
  • General
  • Aggravated
• Exemplary
• Nominal
• Contemptuous

Question 4

Define Compensatory damages

Answer 4

Monetary damages that aim to restore the plaintiff to their original position had the breach not been committed

Question 5

Define exemplary damages

Answer 5

Damages that aim to punish the defendant and are usually a large monetary amount

Question 6

Define nominal damages

Answer 6

A small monetary amount awarded to show the plaintiff has suffered a civil breach, usually valued at $1, to uphold the plaintiff’s rights without providing compensation

Question 7

Define contemptuous damages

Answer 7

A small monetary amount awarded to the platiniff to acknowledge they had a legal right but not a moral right to the claim brought before the court, and therefore should not be compensated

Question 8

Strengths of damages to return plaintiff to original position x2

Answer 8

• Specific compensatory damages repay plaintiffs for actual losses (medical bills, lost income)
• General and aggravated damages compensate for non-quantifiable losses

Question 9

Limitations of damages to return plaintiff to original position x4

Answer 9

• Damages may not fully restore non-monetary losses (pain and suffering)
• Amount of compsenation may not be enough
• Harm suffered may be irrecersible (death/permanent disability)
• If defendant doesn’t have assets, may not be fully compensated

Question 10

Purposes of damages x3

Answer 10

• Return plaintiff to original position
• Uphold plaintiff’s rights
• Deter others from committing civil breaches

Question 11

Define injunction

Answer 11

a type of remedy requiring a party to either perform a specific action or prohibit a party from taking a particular action

Question 12

Types of injunctions x2, x2

Answer 12

• Mandatory injunction (forces party to do something)
• Restrictive injuction (prevents party from doing something)
• Interlocutory injunction (short, urgent circumstances)
• Final injunction (permanent, ongoing)

Question 13

Limitations of injunctions to return plaintiff to original position x1

Answer 13

• Interlocutory injuctions are temporary, defendant may continue disruptive behaviour