Flashcards in 6: Types of civil remedies and their effectiveness Deck (12)
Purpose of civil remedies:
The aim of civil remedies is to restore the injured party (plaintiff) to the position they were in before the wrong occurred
A type of civil remedy involving an amount of money being paid to the plaintiff by the defendant, to generally compensate them for injury, impairment or damage suffered.
Can be stated as exact amounts e.g. medical bills
Estimated by the court for things like pain, inconvience
A type of civil remedy, being a court order requiring a party to either undertake or refrain from undertaking a certain action. Injunction can only be granted by the Supreme or County Courts.
Compels some to do something
Restrains someone from doing something.
Damages effectiveness strength:
Damages is effective when the loss suffered was an economic loss.
Damages effectiveness weakness 1:
Damages cannot 'restore the plaintiff' to their original position if the plaintiff has suffered loss or injuries other than pure economic loss.
Damages effectiveness weakness 2:
Damages also do not compensate for the time, inconvenience,stress and cost of having to take a matter to court.
Injunction effectiveness strength:
Mandatory and restrictive in certain circumstances can effectively prevent future damage to the plaintiff's reputation.