Unit 3 Aos 2

Question 1

What is civil law?

Answer 1

Civil law regulates private disputes when someone believes their rights have been infringed.

Question 2

Who does the burden of proof fall in a civil case?

Answer 2

Rests with the party initiating civil claim (Plaintiff), refers to onus of responsibility to prove the facts of the case.

Only in some cases the burden of proof may lie on the defendant:
-If the defendant files a counterclaim against the plaintiff
-defendant raises a defence, defendant becomes responsible for proving the defence

Question 3

What is the standard of proof in a civil case?

Answer 3

strength of the evidence, the degree/extent to which a case must be proved in court in a civil case the standard of proof is the balance of probabilities. This means the party must prove their version of events is more likely than the defences.

Question 4

what does the “balance of probabilities” refer too in a civil case?

Answer 4

Standard of proof in civil disputes.Requires the plaintiff to establish is is more likely than not that their claim is true.

Question 5

what are the 3 factors that a plaintiff should consider before initiating a civil claim?

Answer 5

costs, limitation of actions and enforcement issues

Question 6

In relation to cost, what should a plaintiff consider before initiating a civil claim?

Answer 6

Costs:Costs include fees for legal representation(solicitor/barrister), disbursements (Such as court fees,mediation fees and expert witness fees) and possible costs to be paid to the other party if the plaintiff is unsuccessful (adverse costs).

plaintiff should consider:
-How much it will cost to have the dispute resolved
-whether they have the money to pay for possible adverse costs
-whether the damages that may be awarded outweigh the costs involved in making the claim
-whether they are eligible for legal aid or free legal assistance through other means
-whether they have th money to pay for the costs of the defendant if an adverse costs order is made
-what the risks are if they are ordered to pay the other sides costs and cannot afford to do so.

Question 7

In relation to the limitation of actions what should the plaintiff consider before initiating a civil claim?

Answer 7

Limitation of actions:restriction of bringing a civil claim after the allowed time.Imposed by the limitations of actions act 1958 (vic)

plaintiff should consider:
-whether their claim is within the limitation of actions

Question 8

In relation to enforcement issues what should the plaintiff consider before initiating a civil claim?

Answer 8

While there are typically 2 ways that a plaintiff will obtain a settlement or remedy (through settling with the defendant before the court or tribunal hands down a decision, or a court or tribunal making a decision about liability and awarding a remedy.), but there can often be challenges in enforcing such remedies the plaintiff must consider

-Whether the defendant has assests or money to pay anything to the plaintiff, even if they aren’t bankrupt they may still be unable to pay
-defendant may be in jail, making obtaining the remedy difficult, furthermore the defendant may be overseas or uncontactable which makes it difficult to force them to pay any money
-if the defendant is a company whether that company has any assests
-if the defendant has no assets or money whether they have access to any money from family,friends or a bank allowing them to pay the plaintiff
-Plaintiff may have to spend money through imposing enforcement mechanisms such as obtaining a court warrant.

Question 9

what does the principle of fairness refer too in a civil case?

Answer 9

Fairness :(Participation, impartiality,open processes)
“All people should be able to participate in the juctice system and its processes should be impartial and open”

Impartiality: Judges,juries.magistrates,mediators and arbitrators should all act impartially free from apprehednded bias.

Open processes:Civil trials and hearings should be open to the public, courts judgement should be given to the public.ensures the administration of justice is transparent and open to scruintney.Some instances where civil hearings may be need to be conducted in private to ensure the ability of the parties to put forth a case and the ability for liability to be determikned is not affected.

Participation:plaintiff and defendant should be able to freely participate in the justice system key characteristics include:

Question 10

What does equality refer too in the civil justice system?

Answer 10

Equality:All people engaging with the criminal justice system should be treated in the same way, but if the same treatment creates unfair disadvantage or advantage adequate measures should be taken too ensure that all individuals can engage without disparity or disadvantage.(formal and substantive)

Formal equality:Same treatment before the law,without discrimination
-In a civil case all people are treated the same

Substantive equality:Measures put in place to eliminate disparity to ensure same treatment

include measures such as;
-Assistance to a self represented party
-interepreter
-Providing information in another way
-Changes to court or tribunal processes
-different form of giving evidence

Question 11

what does access refer to in the civil justice system?

Answer 11

Access:(Engagement,informed basis)
“All people should be able to engage with the justice system on an informed basis”

Engagement:Free to use and engage with the justice system encouraged by;
-Providing a range of dispute resolution methods:courts,complaint bodies (such as CAV),Tribunals (such as VCAT)
-Physical access:Should be able to physically access the dispute resolution methods
-Financial access:should prevent people from being able to access the civil justice system notoriously been one of the most challenging parts about access.
-No delays; limits the justice systems ability to have a just outcome,witnesses may have their memory hindered.

Informed basis:following things may help people be informed
-Education
-lnformation:Access to information about the civil justice system,how to resolve disputes and their rights
-legal services, legal services can inform of their legal rights and help them resolve disputes.
-Legal representation:legal practioners are skilled and experienced allowing them to interact on an informed basis through their legal representation.

Question 12

what is mediation in a civil case?

Answer 12

(Mediation,facilitates discussion,guides parties to a resolution)

-Mediation is Method of dispute resolution that uses an independent 3rd party known as the mediator to help the parties come to an agreement.
-Rather than advocating or arguing for either party a mediator facilitates communication between both parties, any decision Is voluntarily reached by the parties.
-Not legally binding however If the parties come to an agreement they may sign a terms of settlement or a deed of settlement which is legally binding.

Question 13

What is conciliation in a civil case?

Answer 13

Conciliation (conciliator whom is an expert makes reccommendations, suggesting possible resolutions)

Method of dispute resolution that uses an independent third party known as the conciliator to help the disputing parties reach a resolution.Not legally binding however parties can sign a terms of agreement.

Question 14

What must you consider when deciding whether conciliation and mediation are appropriate?

Answer 14

-Whether the relationship between the parties will continue
-Whether the parties are willing to voluntarily participate, compromise and stick to an agreement reached
-Whether there is history of violent or threatening behaviour
-Whether 1 or both parties want the dispute to be resolved privately/confidentially (in which mediation/conciliation would be appropriate) or whether they want a public record of what occurred.
-when the mediation/conciliation is too be held.
-The matters urgency
-whether there is a gross inbalance of power

Question 15

what are the strengths/weaknesses of conciliation and Mediation?

Answer 15

Strengths:
-Mediation and conciliation involve an independent,impartial third party
-mediation and conciliation are a lot cheaper in comparison to court
-Mediation and conciliation are a lot less formal than court and therefore a lot less intimidating and stressful of a process
-If successful,mediation and conciliation can save a lot of time
-Mediation and conciliation are conducted in private

Weaknesses:
-The decision may not be enforceable since mediation and conciliation are not legally binding unless a terms of settlement is reached.
-Requires both parties to voluntarily participate and be open to resolution since not legally binding, a party may choose to not attend.
-If the matter cannot be resolved it will become both a waste of money and time.
-Since conducted in private community may feel as though there is a lack of “open justice”, since their is no ability to know what the outcome unless disclosed by the parties.

Question 16

what is arbitration in civil law?

Answer 16

Arbitration: Method of dispute resolution in which an independent person known as the arbitrator is appointed to listen to both sides and then make a legally binding decision. The decision is known as the arbitral award.

Arbitrition is typically conducted in privacy it can be less formal and more cost effective than attending a court hearing or a trial.

Question 17

when is arbitration avaliable in victoria?

Answer 17

-The parties have agreed to settle their dispute by arbitration
-The court orders the parties to arbitration (consent of parties is still required)
-The claim has been filed in the magistrates court and the plaintiff is seeking 10,000 or less in which the court will typically hear this case through arbitration.

Question 18

what to consider when deciding whether arbitration is appropriate?

Answer 18

-Whether the parties have agreed to arbitrate the dispute or the claim has been issued in the magistrates court and the plaintiff is seekikng less than 10,000
-Whether the parties want the benefit of a binding and enforceable decision made by an independent third party or whether they rather have more control over the processes and outcome (in which mediation would be better suited)
-Whether the parties wish to have the dispute considered by a third party and want evidence to be presented to that third party as part of the dispute so it can finally be settled.
-Whether one or both the parties want the dispute to be settled privately

Question 19

what are the strengths/weaknesses of arbitration?

Answer 19

strengths
-Decision is legally binding and fully enforceable from the courts,means there is certainty in the outcome
-arbitration is conducted in private and is confidential, beneficial for parties who wish to avoid the publicity of a court trial
-Parties have control over how arbitration is conducted. i.e parties can determine how they present their evidence.
-Arbitrator is generally an expert on the issue and is required to act impartially,free from bias

Weaknesses:
-Parties have no control over the outcome since decided by the arbitrator,party could “lose” or “win”
-Not an avaliable dispute resoluition method if both parties do not agree to it, or if its not a small claim within the magistrate court
-Can potentially be costly and take a long time depending on the nature of the dispute and the way in which the parties choose to resolve it
-arbitration can be conducted formally,if the parties decide to conduct it in this way, adding to the stress and intimidation of the process.

Question 20

what are the 2 reasons for the Victorian court hierarchy in civil law?

Answer 20

administrative convenience and appeals

Question 21

How does the Victorian court hierarchy allow for administrative convenience in civil law?

Answer 21

The use of a court hierarchy means cases can be distributed according to their seriousness and complexity, less serious and less complex cases are heard in lower courts while more serious and complex are heard in higher courts. Class actions are only heard in the supreme court, since they take longer and require judges who are experts in managing class actions.

Question 22

How does the Victorian court hierachy allow for appeals within civil law?

Answer 22

If there grounds for appeal someone dissatisfied with the outcome of a civil case can appeal the decision in a higher court.
Grounds for appeal include;
-Point of law (also known as a question of law), where the law has not been correctly applied for example the court applied the wrong legal test in the case
-Question of fact- whether the facts of the case have been applied appropriately to reach the decision
-The remedy rewarded- the way in which a court enforced a right or the order that was made by a lower court.

Question 23

What is the role of the judge and magistrate in a civil case?

Answer 23

Main roles of the judge and magistrate:
Too act impartially

Case Management (Before trial and hearing);
-power to give directions, such as time limits on the parties and conduct how the civil hearing is too be conducted.
-allowed to instruct about pretrial procedures to ensure the case is ready for trial. Procedures include;-Discovery;Which enables parties to share documents,

Can order parties to go to Mediation:
judge or mag in a civil case can order parties to go to mediation (different from criminal role)

Case Management (During trial and hearing):
-judge or mag can Change the order in which the evidence is given, or who will go first in addressing the court
-limit the time for the trial or hearing
-Limit the examination of witnesses,not allowing cross examination of specific witnesses
-Limit the number of witnesses a party can call
-limit the length or duration of parties submissions to the court
-Limit the number of documents that a party may tender into evidence
-Has the power to ask witnesses to clarify evidence and hand down rulings during the trial when necessary

Determine liability:
Magistrate or judge will determine liability and present a “court judgment”, written reasons for their decision.

Decide on costs:
Judge or mag will decide what party bears the costs.

Question 24

how does this compare to the role of the judge and magistrate in a criminal case?

Answer 24

Juries are rarely used in a civil case and therefore in the county and supreme court, the judge is resposibiity for determining the accuseds liability, assessing damages and deciding the remedy imposed, same role as the magistrate.

Similarities:
-Judge and magistrate acts impartially and without bias in both systems, makes decisions purely on the facts of the case
-In both systems they share the responsibility of assisting the self represented
-In both systems they can instruct and give instructions to the jury

Differences
-In civil system judges/mag can order parties to go to mediation
-Judge in civil trial will have to decide on liability in county/supreme if their is no jury, in comparison to criminal trials where the jury always decides
-Civil judges/mag decide on remedies rather than impose sanctions

Question 25

what are the roles of the jury in a civil case?

Answer 25

in civil cases Juries can be used in two situations
-The plaintiff or defendant specifices during the pleadings stage that they wish for a jury, the court can however deny this and decide for no jury.The party that asks for the jury is held responsible for paying for the fees.
-Court may order a jury,however this is rare

-Be objective:be unbiased and opened minded, make answer dependent on the facts
-Listen to and remember evidence
-Understanding evidence and summing up
-Deiciding on liability and in some cases damages.Establish liability through the balance of probabilities.Reach a unanimous or majority verdict,deliberations are confidential.

Question 26

Compare the role of the jury in civil vs criminal law.

Answer 26

Similarites;
-juries are expected to act impartially in both systems
-juries are required to listen and concentrate on the evidence in both systems
-Juries are required to comply with obligations (i.e ensuring they dont investigate outside the case)

Differences;
-Jury in a civil case is composed of 6 rather than 12 jurors
-Jury in a civil case may decide both liability and help determine damages whereas a jury in a criminal case only decide guilt and dont decide on sanctions.
-Standard of proof is different, in a civil case jury decides liability on the balance of probablities whereas in criminal law the jury decides guilt beyond reasonable doubt.

Question 27

What is the role of parties in a civil case?

Answer 27

-Make decisions about the conduct of the case, as long as the rules of evidence and procedure are followed.Each party can make their own decisions about what claims they make, what defences they will raise and which witnesses they will call

-Disclose information to the other party, key pretrial process are the pre-trial procedures that allow the discovery of relevant documents, roles of the parties to hand over relevant documents. (For example if plaintiff suffers injuries then medical records will likely need to be provided,If plaintiff claims defendant sent out various emails which humiliated them at there workforce these emails are likely to be relevant and therfore should be given,If defendant claims that they did not breach a contract and they fulfilled their obligations they may want to provide some paperwork indicating that they did infact fufill their obligations.

-Exchange evidence
includes both lay(from a normal person)and expert evidence

-Participate in the trial: (Making opening and closing adresses,preseting case to judge or jury,Cross examining witnesses and the other side)

Question 28

Compare the role of parties in a criminal and civil case?

Answer 28

Similarities:
-In both systems the parties have ongoing disclosure obligations
-In both criminal and civil trials parties are given the opportunity for parties to present their case (includes opening and closing adresses)
-In both systems parties must not mislead the court and cooperate

differences
-Defendant in a civil case has an ongoing discovery obligation however this does not extend to the accused in a criminal case who has the right to silence
-Parties are made up of the plaintiff and defendant in a civil case, whereas they are made up of the prosecution and accused in a criminal case.

Question 29

why are legal practitioners needed in a civil case?

Answer 29

Legal practitioners prepare and conduct the case on behalf of the parties.

They are important because;
-Party may not know how to cross examine witnesses
-Party may not know how to most effectively present their case
-Party may be too emotionally invested
-Not understand legal language/not know how to navigate the civil justice system

Question 30

what are class actions within civil law?

Answer 30

Class action (Also known as a group proceeding or representative proceeding):Type of proceeding where a group of people, who all have claims against the same party,join together in a proceeding

Question 31

How to determine whether a class action is appropriate?

Answer 31

Appropriateness of class actions
-Seven or more people who have a claim against the same defendent
-Same/similar circumstance
-Whether the plaintiff law firm, litigation funder is prpared to fund the claim, to avoid the lead plaintinff having to pay the possible adverse costs
-Whether someone is willing to be the lead plaintiff
-The nature and size of the claims.
-Whether one group member has suffered significantly more than other group members and may be propared to conduct their own proceeding, therefore not having to share any settlement with other group members.

Question 32

what are the purpose of class actions?

Answer 32

-Even out the power imbalance against plaintiff

-time effect (remedy, same evidence)

-Cost effective, split legal costs;Costs in class actions;If a class action fails then the lead plaintiff alone is responsible for the costs of the proceeding and any potential adverse costs order (An order that a party pay the other parties costs).If the class action is sucessful then the group members will share the costs bringing the proceedins as the costs will be taken out of any damages amount awarded.

-Litigation funder (Pay legal costs)

-Prevent plaintiffs,witnesses from having to go to repeated trials, reduce stress,trauma

Question 33

What is consumer affairs victoria?

Answer 33

Consumer affairs victoria (CAV):Free legal service helping regulate consumer law. Its purpose is to help ensure victorians are informed about consumer laws, and to ensure that businesses are complying with those laws.

CAV:
-Free legal advice
-Advises the victorian government on consumer legislation (Laws about the sale and purchase of goods and services)
-Provides information and guidance to educate people about consumer laws,including what their rights and respinsibilites are and whether there have been any changes to those laws
-Enforces compliance with consumer laws
-In limited circumstances provides consumers and traders and landlords and tents with a dispute resolution process

Question 34

How to determine the appropriateness of CAV?

Answer 34

-Whether its in CAVs Juridiction or power. (must be in relation to disputes between purcasers/suppliers, consumers/suppliers,about the supply or possible supply of goods and services and disputes between tenants and landlords).
-Wether the consumer or tenant has tried to resolve the matter themselves (If not CAV may not intervene)
-Whether the complaint justifies or needs CAVs involvement
-Whether their has been a breach of legislation or a failure to comply with legal obligations by the landlord or business
-Wether the consumer is vulnerable or disadvantaged
-Whether the issue has already been delt with by VCAT or CAV (if so, CAV will not intervene)
-Whether the dispute is likely to be resolve
-If there are any better ways to resolve the dispute (eg. Whether they can resolve it themselves,negotiating with each other, or whether the dispute is best reolsved by a court or tribunal making a binding decision,if its urgent, if its too complex/big for CAV, parties preference, whether parties are open to conciliation or mediation)

Question 35

what are the strengths/weaknesses of CAV

Answer 35

Strengths
-CAVs services are free, accessible le to all Victorians
-CAVs conciliation process is informal and can be conducted over the phone, much less stressful/intimdating than court processes
-CAV ensures procedual fairness allowing both parties to present evidence and their case
-CAV asses cases case by case,meaning time and money is not wasted on disputes that are unlikely to be resolved
-The conciliation process offered by CAV allows parties to come up with a resolution themselves

Weaknesses:
-CAVs assistance is limited mainly to consumer and CAV disputes
- CAV has no power to forced parties into conciliation,parties must voluntarily participate
-Since conciliation is not legally binding CAV cannot enforce any decisions made, unless parties sign a terms of settlement
-Not all cases are excepted by CAV, and its conciliation services are limitied.
-CAV is not appropriate for large and complex cases

Question 36

What is VCAT?

Answer 36

Victorian civil and administrative tribunal. VCAT is a tribunal meaning that it works to resolve civil disputes, its intended to be more cost effective, more informal and faster in resolving disputes.

VCAT can hear:
-Class actions
-Disputes between employers and employees
-Disputes between neighbours (unless dispute about owners corporation)
-Disputes between drivers in car accidents
-Disputes between federal and syaye law
-Cannot decide cases where parties are residents of different states of australia or where the commonwealth is a party.

Question 37

what are the 4 main purposes of VCAT?

Answer 37

Low cost:
-Much more cost effective in comparison to court system
-In many disputes Parties dont need to pay for pretrial processes,saving money
-Parties can choose self represent,saving money

Accessible
-Numerous locations around victoria
-VCAT allows people to make applications online
-Less formal than court hearings, people feel more comfortable

Efficient:
-VCAT generally does not use pre-trial procedures,or formal processes making the dispute resolution process alot more time efficient

Independent:
-VCAT members act impartially and without bias

Question 38

what dispute resolution methods do VCAT use?

Answer 38

-Mediation (Disputes about goods and services in civil claims list valued up to $10,000 may be listed for a fast track mediation and hearing, where a qualified mediator conducts mediation)
-Compulsory conferences:Confidential meeting between parties in presence of VCAT member to discuss ways to resolve their differences and explore possible resolutions.
-Final hearing before a member:If not settled at mediation or compulsory conference it will then be listed for a final hearing before a VCAT member.Parties give evidence,given opportunity to present case,.VCAT member oversees hearing makes a binding deicission on the parties.

Question 39

How to determine whether VCAT is an appropriate dispute resolution body?

Answer 39

-Whether the dispute is within VCATs jurisdiction
-Whether the dispute can be resolved by the parties themselves through mediation or negotiation
-The nature of the fees
-Whether the parties wish to have greater avenues of appeal
-Party preference,whether the parties are likely to take it serious, and comply
-The complexity or size of the case

Question 40

How to determine whether the courts are an appropriate dispute resolution body?

Answer 40

-Wether the dispute falls within the courts jurisdiction (County and supreme court have unlimited jursidiction to hear civil disputes, mag court has jurisdiction of $100,000)
-Wether there are other or better ways to resolve the dispute (parties should consider costs,whether CAV/VCAT/Mediation/Conciliation/Arbitration can work, size complexity,time and costs, access to legal representation and are willing to accept the risks and associated with a third party making a binding decision on the dispute)

Question 41

How do costs affect the ability of the civil justice system to achieve the principles of justice?

Answer 41

Legal costs in a civil case include;
-Legal representation
-Engaging expert witnesses and mediators
-Filing and hearing fees
-Using a jury
-Adverse costs

Costs: High costs are one reason for increase in self represented parties, most civil parties cannot access legal aid as it is mostly reserved for criminal and family law rather than civil disputes. If people cannot afford legal representation fairness,access and equality will not be achieved.

Question 42

what ways does the civil justice system reduce the affects of costs on the ability to uphold the principles of justice?

Answer 42

-Alternative dispute resolution methods(M/C/A), Use of CAV and VCAT,
The large range of dispute resolution methods helps ensure a dispute is resolved faster,allowing more money to be saved,parties avoid significant costs that occur in pretrial and trial procedures.Through resolving the mattr before ttrial, it saves the court or VCAT money.
-Use of case managmennt powers in court
-Numbers of bodies and organisations in victoria that provide pro bono assistance to those disadvantaged.

Question 43

How does time affect the ability of the civil justice system to achieve the principles of justice?

Answer 43

Factors that affect how long it takes for a case too be heard:
-Backlogs: Lots of cases that need to be resolved in Court or VCAT, further perpetuated by Covid.
-Pretrial procedures; i.e process of discovery, courts use case management however to reduce the time these procedures take
-Evidence gathering and preparation:time is takes for parties to get ready for a case.i.e gather evidence

time: delays can have serious affect on vulnerable parties, delays may cause a party to settle or withdraw their claim due to increased costs are their unability to participate in such a lengthy trial.This reduces access,fairness and equality.

Question 44

What measures do the civil justice system have in place to reduce the affect of time in upholding principles of justice?

Answer 44

-Through case management; Case management powers allows the courts to; order parties to attend mediation or other forms of dispute resolution methods, limit the scope of discovery to ensure it doesnt take to long,order that no pleadings are required,restrict the time for final hearings, including the number of witnesses and the time to make submissions or cross examine witnesses.
-Dedicated programs established by VCAT to manage delays
-Some ases are decided purely “on the papers”
-Increasing use of online methods to resolve disputes, including holding hearings and even mediations online.

Question 45

what are remedies?, what are the 2 types of remedies within civil law?

Answer 45

Remedies:Order made by a court or tribunal designed to address a civil wrong or breach a remedy should provide a legal solution for the plaintiff for a breach of civil law by the defendant. Remedies can be rewarded by a court or a tribunal such as victorian civil and administrative tribunal (VCAT).

2 types of remedies are damages and injuctions

Question 46

what are damages, what types of damages are there?

Answer 46

Damages:An amount of money awarded by the courts to compensate the plaintiff for loss or injury caused by wrongful acts by the defendant.There are different types of damages, some of which are more easily quantifiable (calculated) than others.

Types of damages:

Compensatory damages (Most common damages sought):Amount of money awarded to plaintiff awarded for injury or loss. Includes general,special and aggravated damages.

-General damages:Amount of money a party is ordered to pay another party to compensate for losses that are not easily quantifiable.(i.e pain and suffering)

-Special damages:Amount of money ordered to a party to pay another party to compensate for losses easily quantifiable (i.e medical expenses)

-Aggravated damages:Amount of money that a defendant may be ordered to pay when a plaintiff has suffered serious embarrassment, or humiliation, as a result of the defendants conduct.

Other damages (not really relevant tho)
Exemplary damages:Very large amount of money awarded to show strong disapproval of the defendants conduct; also known as punitive damages.
Nominal damages:Small amount of money awarded to confirm that a plaintiffs rights have been infringed even though the losses have not been substantial.
Contemptuous damages:Very small amount of damages to show that even though a plaintiff succeeded with their claim, the court acknowledges that they disagree in moral terms.

Question 47

How to determine the ability for damages to achieve their purpose:

Answer 47

The main purpose of damages is too return the plaintiff to their original state before the harm occured.

-Whether the loss suffered was only financial (if it is can can easily be quantifiable, therefore special damages can be awarded).Can fully return the plaintiff to their original position.
-Whether the loss suffered was pain and suffering, mental anguish, disfigurement or impairment. (not easily quanitifiable) therefore damages may not always restore you to your original position, however is able to compensate for the loss.
-Whether future loss has been suffered.
-Whether there is sufficient evidence before the court in regards to non quanitifiable losses, the court needs to know how much loss has been suffered, without sufficient evidence then the damages awarded may not be accurate, and therefore may not be able to fufill there purpose.
-Whether the damages are actually paid.if damages are not paid, then the plaintiff will not be returned to their original position.
-Whether other orders or remedies need to be made. (i.e whether an injunction is also needed, to restore the plaintiff to their original position)
-Whether there are caps/limits on the amounts to be rewarded (i.e if under the wrongs act, or defamation claims, max damages for non economic loss are limitated to 250,000)
-Ability for the defendant to pay

Question 48

what are injuctions?, what are the 2 types of injuctions?

Answer 48

Injunctions:A court order directing a person to take a specific action or to stop (Cease) a specific action.it is normally ordered to prevent harm, or further harm from happening to the plaintiff.
Restrictive injuction:order made to stop an action that has the possibility to harm or has harmed the plaintiff.Purpose is too prevent harm or further harm from happening.
Mandatory injunction:Order requiring someone to take an action or take further steps to prevent harm to the plaintiff.

Question 49

how to determine the ability of injuctions to achieve their purpose:

Answer 49

main purpose of injunctions is too prevent harm, or further harm from happening to the plaintiff.

Ability of injuctions to fufill their purpose of a remedy:
-Whether the defendant will comply (i.e Stop the action, or do the action), will the injunction be able to prevent harm, or further harm from happening.
-Whether harm has already been suffered.whether damages alone are enough, or if damages are also needed
-Whether only one type of injunction is sufficient.
-Whether other remedies or orders are required