11: Purposes of remedies, damages and injunctions, and their specific purposes

Remedies

Damages

Def: monetary payments awarded to the plaintiff by the defendant

Purpose: is to restore party back to original position before the wrong occured

Types of damages

1. Compensatory (3 types): aim: restore the wronged party

   a) Special/specific: easily calculated (med bills)

   b) General: Not easily calculated (pain and suffering)

   c) Aggravated: When hummiliation is caused (also note easily calculated)

2. Exemplary: Aim is to punish teh defendant and deter others. (infringement of rights)

3. Nominal: minimal ammount paid. plaintiff wanted to prove their case but didnt seek many damages

4. contemptuous: technically there was a loss to the plaintiff however, claim is morally wrong adn min ammount is awarded to plaintiff

Ability to achieve their purposes

1. Compensatory

• whether loss is financial only, then easy to quantify

• whether the loss is a loss of amenity, then not easy to quantify

• whether future loss has been suffered, hard to quantify as no one can predict future (wages etc)

• whether damages are paid

• whether orders are made or required e.g interest on loss, advers court costs etc

• whether there are caps on the amm of damages e.g def claims usually have cap of $250,000 on non economic loss

2. Exemplary damages

• the ammount

• ability of the defendant to pay

• extent to which damages is known to teh public (to deter others)

• whether there are caps on these damages

3. Nominal

• whether plaintiff suffered a loss

• amm of damages

• costs incurred by the plaintiff which likely wont be returned to plaintiff

injunctions

aim: to rectify the issue. these stop or compel a party to undertake a certain act.

Injunctions can take place before a case is heard due to an urgent matter called interlocutory injuctions, these can be kept or overturned once case is finalised.

the other tpe is after a case is heard which are final injuctions

types of injuctions:

1. Mandatory= forces party to do something

2. restrictive = stop a party from doing something

Ability to achieve their purposes

Restrictive

• will def comply

• whether loss has already been suffered

• whether this injuction alone is sufficent and if another order is need (damages)

mandatory

• whether defendant will do what is ordered

• whether hard has already been suffered

• whether this injuction alone is sufficent and if another order is needed (damages)